To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

Ohio State journal and register (Columbus, Ohio), 1839-03-08

Ohio State journal and register (Columbus, Ohio), 1839-03-08 page 1

CT - 01 ISO STATE JOTMT keg mrmi. .J . i 0 ! ,.,',: VOLUME 29. COLUMBUS, OHIO, FRIDAY, MARCH 8, 1839. . I It NUMBER .58. AND rUBUHHBO BY , , ' . , ' . .. C. SCOTT Ic 8. POUGUASB.) At three Dollar. year, InVirUMy In draw. Tict k afeHi IA 5f 0 (A legislature, and Week the remainder ef the year. Office Bute street, Two doon Wwt of the Ollntoa Bank. , , ADVERTISING. ;.- ' , ' Twelve Mnei or leei.onelnBertlon,.,..... 90 50 u m . u three. .. ....! (HI m ' each addlitonallnaerllon ,-0 25 u u three mortthe, 3 00 iix month..,.. .....5 00 . m twelve month.,... 8 00 . Longer edvcrttwmenti In the eamt proportion na the above. A deduction of twrntr Mir cent., (on th ic,) when the amount exceeds twenty dollar, in tlx montlia. All Ad vert Ite men ti ilionld be marked on their faee with the umber of Ineertloiif deiired, or they will be continued till order d out, and oharned by the Ineertlon. No reeponflbllity for errora In leial Court AdverUeementa, beyond the amount chargnd for tlielr lueertion. 1 TBABLY ADVBRTU1H. One elirhth of a eoluma, (about 35 Hnea.) 912 00 One-fourth "... 00 ; One half 0 A full column .'...4U 00 Any Advertiser exceeding the amount enguged, to be charted for tlie etceai, at the Am rate above mentioned. inAII lettera relating to aulwcrlpttoni muat be addreatod, (poet-paid,) to the Pdiumikm. ,. LIHT OF AGENTS. The following gentlemen art authorized N act at Ageata for the Ohio titate JiMirnnl and RrgUter, via : Wttl 0in Nelion Barrerc, Lima. D. I). Tompkins, JUkens A, Q. Hrown, Jtffersn,Jtik.tn. Uiiylord, Hamtlf, ...I,. D.t'aniptwll, St.Cl'ret:iUe,. J Howard, Oterget a ten, David Julmaon, Carrvlltan,.. Wm. Jolinion, Batavia, .... Ambroie Ransom, A Lisben, Dsn' Harhnugh, Ce thee tan, ,.J. Robinson, Urban, J no, A. Cor win, 8prigAld,.ia. H. Ilaleey, mimtgt9M,0. Vott, Buefru J no. Under wall, Cleveland, ..PiiUo tVovtll, J)laara,.T, 0. Jones, Ortenville,.. IWrnm Bell, BanUik ?.. A. II. Ilarber, tlantatttr, .Aim. Sanderson, tVatkivgten, I. H. Itoremsn. OattipeUe, ..J. Droilillard, Xenta, O. I.. Merrkk, Painee title, .R. Hitchcock, Cameridgt,.. II. Koltb, Cndit, J. B. Lncty. genten (leorge Joint, HMseara, .,W. C. Hcott, MUlersanrg,W. R. Happ, Milan, O. W. Clioat, Cineimnnti, . O. Toby, Findlaf Wilson Vance, Afar, P. 0.,. David Johnson, Jaaksen A lei. Miller, Btenkeneille, Jss. (Jollier, Jit. rrM,.Wm. Hevena, Tateda J. R. Othorn, KWin(,.Wm. Miller, Xttserk, ....J. MtUliiot, Betlefent'aa, H. Stanton, Cyna A. A. Bliss, Marion J. H. (1 ml m an, Ckttttr, ,..,D. Barber, Piowi, ,.(.!). AdntiM, Hoodsfit id,.. Win. Bieel, "SZFi- ZantiviUty. ,Q. R. floddard, Medina J. L. Clark, London, P. McLenn, Bt. Mar 9i, ..U. W. Stearns, Daytm W. J. HcKlnney, fort Bnven, i. Dewees, Piktto, El It ht P. Peters, Knlida, .....J. H.Coehrnn, 8omir$tt,...W. K. aloellar, Ctrelevitte,.. James Hell, Kacina, ...Geo. V. Wallnre, G. D. Hendricks, Mamfield, ..O. I. Sherman, C)fUcfs,.C. Martin, prrsaiia,.M. Uregory, Cda(N, 0, Reynolds, r Joe. Howard, Sidnef Jacob e). Con kiln, ,. SdRdmty,A. Eddy, Warren L King, Jf Pht led i If., J. Overholt, rrjci,..Win. Steel, milekire..C. Mount, Ptrryikurg,.W. P. Reaner, Astsaea, ...J. Prohaaeo, Jr., Marietta, ...I. Test, WeeeUr O, B(iink, IijlaMl....0. brubacher. fc. GRANVILLE IXhTITUTIO. Om mi7s Witt of O rant i lie, Licking eeuntf, Okie. rpHEeflversl densrtmenta of this Institution, Colleilate, Pre L parutory and English, will be opennd for the next term on Thursday, March 2 lit. The sinenses for the tern of 21 weeks will be, for tuition, frlO 50; for boarding and washing, $2H 50; for room rent, $11 Oil. Hoye are charged, In addition, for fuel, furniture and Htflite, 94; others for furniture. If they choose to have It, 2 00. Hoys under 15 years of age, must enter for a ra terra, and pay in advance; others for not less than half term, and pay in advance. It la Important tor every student to enter at the beginning of the term. March 1. J. STEVENS, 8ee. FIHK! KIRKt! FIRM!! PORTAGE CO. MUTUAL FIRE INrillR ANCR COMPANY. THE subscriber will be happy to wak apoo any person desirous of effecting insurance In the above named Company, And to furnish any In Tor mat ton In his possession with retard to it. L. HEVL, Agent, Office door North of C. lleyl'i Hotel, High street, Co I urn bos, March 4. 10,000 Genuine Morua Mnltiraulia Trees. rPEN iliousand genuine Morua Multkantls Cuttings, grown Id JL New-Knglaad, are well matured, and a very desirable lot of trees to propagate from. 2tl.iHK Chinese, Alpine and Brusca Seedling Trees. :KrO (MM) Silk Worm Eggs, and genuine Imported BUcaian sugar nef iecd. For sale ny CVRL'S FORD ft CO., Mssslllon, Stark Co., O. Feh.20..6w t'ROHHV HOVT it, CO., WHOLESALE DEALERS IN DRY GOODS, No. 18, Exchange Place, Opneiite ih$ nam F.ttkange, NEW-YORK, CROSBY st Co., have aeaoc'aied wfth them in the Drm Heads i Mking Buttntie, Mr. JAMES A. HOYT: and the bust will be con Juried frreefter under Hie Arm of CROHHY, IVT & CO. We have Uken II new and eomnodioue store. , Kunange Place, directly uiiposlie Hie new MertkanVe r.ukamgt, and intend to keep at all tiaiee, a general and well at- pernd sssnrtnient of seasonable Vtreim and Demeeth fr QeeeU. adapted to the ctly and country trade. We shall strictly adhere lo ute aul printtpte, and eell at neH task pries, at a small advance; experience having demonstrated thil tlte Ung eredtt ten Is productive of grrater tm$e than pfjlr, to both euysr end aaiier. Acting, therefore, upon the principle thet e nine It sit- penea ia heiter than a elew ekilling," we respertfully solkR our oM cvstotnera and friends, and all who believe that e etany eeed, ia ae gned at tme memaa ammed," to call and examine our Mtetk and Pnteef and hr'Ure that the farilltiee we possess for pro curing our goods on the best terms, will enabte us to give general aaiuisriton. We beg leave lo subjoin a few remarks, relative to the present a no prospective state or tn market. Demeetue are plenty, but hnve advaaeed a trifle In prices since tin last season, and will probably remain about stationary. The stocks of Fmreifn Oeede, of all descriptions, wilt be very ahun-dnt. The Importaitone are much earlier than usual, having al ready ben lane, and numerous arrivals are yet expected; so that tne supply will be fully adequate to the demand. - - A!) tlioee who have rose, to pay, may confidently expect lo And as gee aargntne, as at any former period; and also al a hand tame profit below the usual credit prices. The proof will bo ap parent an trial. CROHIIY, HoYT 4 CO, Feb aj..w.lin JYs. 18, KttUnga Hate, TIMOTHY HKK1). BUSHEU good Timothy Seed, for eale at my Store. I. w. COW1.ES. Worthlngton, Feb. ..sw4w FOR HALF, 11EW No. 2fl, In Trinity Church. Uohimbne. A Dody Pew; entrance on Hw West aisle. For furtlier pariieuiars, enquire of DAVID BROOKS. Feb. W. .If rpVO hundred Bags Co Hoe; J. 10 - Sidce; 10 Pvpperf 90U Mate Cassis. Fur eale by GREGORY, RURt at CO., Feb, U nd 21, South High street. VI. 0 NR bundivl Bolt. I ky 10 Kiuc 6U 10 by It do. Tut Ml. W UHttlnKY, BL'KR k. CO., FrK. tl. 19 J1, Kmilh lll(h . TOUACX'O. m'9 45 Hii.r lwj tO " 92 Ump: 15 t it. rMi. kr uhkuorv, mini co., Fk- tl. 18 II, Hoalh Hlli . " BoXK HI'K III h VtMr 9aur I'l " liwin Hjrrup; S5 " Candy, Amit4, 15 M.viin. frawrm; 10 CMoii Uhi(.f. rnttl.tiy OKKUUKY, B1IR1 It CO., r.KJI. IV t tl. Boolb lltab it. TKA. K( IMIKKTtl Voun, llyn! " ' lll lif ch'l. do do fattM do do 10 ll.irt'UNU ImptiUI; 10 h UunN)w,l.r. For ... by GREGORY, RURR CO, tt 19 4 41. tViail. HI, HI. LKMONH. 1 ( BOXES I.EM0N8. For nl. by - " UHWlllHY, tll'RR k CO., Ti. M. 10 t II, Kouih lllihrt. i'lOAHN. ','' KI.I.W lll.iHM II. If HMnhh;' &U.IXK) Common. For Ml. by UREUIiHY, BI'RR k CO., Fb.M. 1 21, itauib IllfUrt. HOUSE OF REVRCSKNATIVEH OF OHIO.; i ! x .'. - BPBKCU ' A ! .-OF J. W. ANDREWS, OFFRANKI,, ' Oil the cngrasimcQt of (ho bill relating lo Fugitirc. from lsboror service froirt other States, m House of Representatives of Ohio, Saturday, Feb. 9, 1839. ,, Ma. SrEAKu.:, ... .... '. .1 ' ' ,'.' l. J It is not my purpose on this, or dv other occasion to . stand up u the tolo;ist for slavery. I rogard its existence as a great .national caluni ty, and lull of prospoc-' live as well as present evil, liut we nro not called upon at this (into to discuss the abstract quest ion of sis very. ' rTL C e .1. r r . , ... , .1 ' 1 lie immers 01 me ionsuiuiion nave somen tne question for us, end under ull the circumstances have, as I believe, settled it rightly. They had tasted the hitler fruits of anarchy and confusion under the old confede ration, and ibey were called upon to detorinine whether an oHicient government should he substituted in its stead, that should secure the blessings of freedom to the uruui muss ui uie puopie auu 10 ineir posterity torevor, . out which, while it contemplated the soeedv abolition of the slave trade, shonldron pntitine neccttiti recog- nize io a niniieu cxicui ine existeuco ot slavery, or wncinor oy a roiusai 01 an compromise upon tins great question, they should sustain a system that not only fostered the slave trade,' but that promise d a spicily and certain annihilationof all tho rights ond liberties which-had been purchased by the blood of the Revolution. Fifty years of unbroken national prosperity have attested mo wisuom 01 ineir cuoice, . i ne national constitution than recognises the existence of slavery. We as legislators have sworn to support thai Constitution! on Sin the discussion of tho suhject before us, wo are bound down to tbo single inquiry whai is our duty under the Constitution of ttie United States? The Constitution embraces threo distinct anil sepa rate provisions in reference to slavery. In the first place, in establishing a basis of representation, it includes in its enumeration of individuals that shall constitute that basis, thrce-lilths of the slave population. It next provides that Congress shall not interfere with ar abolish Ihe slave trade until tho yeurone thousnnd eight hun dred and eight; and lastly, in the M section of the 4th article, it decloresthat fugitives from laborer service due under the laws ol ono htate escaping into another, shall be delivered unon claim of the nartv to whom such la bor or service may be duo. History informs us, that the so provisions were the result of a compromise, and that tho framers of tho Constitution regarded them aaindispensahleto the very existence of a Union of ihe 8tstes. 1 Noy, so strong was their conviction of the justice as well as necessity of thelastof these provisions, under which we are this day called to act, that it met with the unanimous approba tion 01 mo ionvcniion. f ciitot's i;coatcs, loj. Now sir, in tho year IbOJ, Ohio was culled, with the consent of tho slaveholdintr States, into the oreut sister hood of tho Union, and solemnly pledged Tut faith to eeery pmruim of tho nationul Constitution. Upon sonieot those provisions she has already, through her begiainiure, oecn calico to set. (In the 3:!tl ot December, Idll'l, the following resolutions were adopted by the Legislature of tho Slote ol Ohio: "Whureas, the Covomor of this Htate hath transmitted to this Assombly a resolution of the Lcgislsture of the Commonwealth of Massachusetts, instructing their Senators in Congress of the United Stntet to take all proper and legal measures to obtain an amendment to the Constitution of the United States, so that Representatives may be apportioned among the several Statos according to thenumbcrof their Ireo inhabitants respec tively, accompsined with n request that simi ar moa- suresmay be adopted by this Legislature the General Assemiity aioresaiu, considering that the Constitution of the United States in some of its leading features is the result of a compromise and mutual balancing of interests between tho several Slates, particularly that clause which admits a partial representation of slaves that the inequality in p.iint of representation complain' ed of, when wo consider that those States possessing tho largestnumbersof slaves also hold tho comparative rank of large States, and are entitled only to nn equal representation with tho small Htatea in the Senate, does not exist at prosont and that lo interfere at this time with Umt fart of the Cuiulitulion which may bo viewed aa ueuring privilege! lo particular .Stores, would tend to excite State jealousies, destroy that cunlidence and good understanding which now prevails, uud indaHgcr Uie Union of thtu Slatrt: Therefore, "ffriolrfrf, That the said amendment to the Constitution of tho United Ststes is inexpedient, and does not meet the spprohation of this Legislature. "Rcmhrtt, That the Governor of this Stato he requested to transmit to Ihe Governor of tho Commonwealth of Massachusetts, a curtilied copy ol ihe above resolution."On the 33d of Februry, 18115, the following resolutions were sdopted by the same body : "Whereas, His Excellency tho Governor of this Stalo, hsth laid before the Legislature thereof certain reaolu-lions of tho Stato of North Carolina, proposing an amendment to the Constitution of the United States, whereby Congress will bo empowered to pass a law to prevont thu further importation of slaves or people of color into tho United States. Tho Geueral Assembly aloresaid. considering the existenco of slavory in the United States ns an evil of tho most alarming nature, on the gradual abolition of which in a great measure depend our futuro prosperity and hsppinessua a naiion and well awsro that any additional importation ol that unhappy race of men will, independent of tho outrage committed upon them, entail a lasting cursa on the community, therefore view the senriinents expressed In the resolution of tho Stale of North Carolina, as reflecting the highest honor on thst State bnt nstlint puriod will shortly arrive when Congress will nosssis the power to act aa they may think proper on this subject, and notwiihstsnditig thiit this inhuman practice is tmpolitio in tho extreme, and altogether repugnani to the principles on which our Government is founded, yet at it teas a mutual agreement between the Stales forming tho federal compact, that Congress should not possess the fower of preventing any of the Hiotei, then existing, rom carrying on a trntfic of thia kind for a given period and whereas, the fifth article of the Constitution of the United States expressly declares, that no alteration of that Constitution shall tnke place during thnt period, so as to alfuet this provision: Therefore, "limited, ey the General .'ViioiiWv of the Stale of Ohio, Thst the amendment proposed by ths State of North Carolina to the Constitution of the United Statooi ia inexpedient at this time. "(tsuii ri. That Ihe Senators from this State in tho Congress of the United Stifles be, and they are hcruby instructed, and the Representative in Congress from this State is also requested, to use their host endeavors to have a law passed laying a tax ol ten dollars on every slave imported into the United Slates, and also to prohibit their importation into any of the Terriioriea thereof. " ftrWi'f j, alio, That Uie Governor of this State be, and he is hereby, requested to forward to each of our Senators and Representative in Congress, and also to the Governor of the State of North Carolina, a certified cony of the foregoing resolutions.1 Upon two ot tho provisions nl Ihe i onstitulinn, therefore, to which 1 have alluded ae touching the questiun of slavery, the pcoplool Ohio, through their Legislature, have fully and deliberately expressed their opinion. The thirtl, and last of those provisions, which relates to fugitives from labor, is involved in the discussion of the priueiptesof the hill now beforo us. This clause of the Constitution is in the following words: "No person held to service or labor in one State, under the luws thereof, csenping into another, shall, in consequence of any law or regulation therein, be disehsrged from such service or labor but shall be delivered up, on clsim of ihe party to whom such service or labor may be due." The Constitution of course intended that the cases embraced within this clause should bo provided for by e,lHcient fe-gitlationi and it matters nul, so far as thu spirit of tho Constitution is concerned, whether throuiih some positive "rule or regulation," or from the inrjliritnri of your laws,a fugitive from labor or service is nol'deliverod up on claim of the pnrly to whom such service or labor may be duo. Tho first question then Is, hsve wo any fieient law now in existence, for csrrying out, in its true spirit, thia clauso of tho Constitution I lly the third aeciioti of ths "act to regulate blsek and mulatto persons," passed Jsn. .', HOI, it is provided, that the owner of any black or iiiululto person may recover from any person harboring, secreting, or employing such black or mulatto person, tho sum ol fifty cents per day, while so harboring, etc. ami by the 4ih section, it is Crovidcd, that any person hsrboriuii or secreting any lack or mulatto person, the property of any person whalevor,or who shall in any wise hinder or prevent tho lawful owner or owners from re-taking and possessing his or her hlsck or inulutio servant or servants, shall, upon conviction thereof, by indictment or inlormaiion, be fined in any emu not loss ihon ten, nor moro than fifty dollars, at ilie discretion of the Court. These are the only provisions now tn firrt upon our statute hook, that recognize the right of master to hisslavo. The second eetion ol ltan act to prevent kidnapping," passed Jan. 13, ISIII, forbids any person 1mm carrying out of the State, or attempting or aiding so to do, any black or mulatto person, except in accordance with the Ittvtof the Vnitri Stntri. For tho reclaiming of fugitives from labor, therefore, the only law now in force within the Slate of Ohio, is the law of Congress passed' Feb-, 13, 1793, and wnicn IS SV MIOWI. .',?, "That when. a. person held to service or labor in any of the United States, or in either of the Territories on the North-West oeSeoth of the River Ohio, under the lawa thereof, shell escape into any other of the said State or Territories, the person to whom such labor or service may be due, his agent orattorney, is hereby enie powerea to stiae or arreat sucu lugiture irom labor, and to take him a her before any Judge of the Cirouitor District Courts ot m United Stale, lending or being within the Stat,or before any nuuristrale of a county. city or town corporate, wherein such aeizure or arrest shall be made; aad- upon proof to the satiafaction of such Judge or magistrate, either by oral testimony or affidavit taken before, and certified by, a magistrate of any inch Stale or Territory, that the person so seized or arrested, dotn, milder tne laws ol tne state or 1 erritory from which h or she fled, owo service or labor to the Sereon claiming biio, or lies, it shall be the duty of such udge or magistral to give a certificate thereof to such claimant, hi agent oi attorney, which shall be a sufficient warrant lor removing ths said fugitive from labor to the state or 1 erritory troin which he or aho fled. "That any person who shall, knowingly and wilfully. obstruct or hinder ucb claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or shall rescue such fugitive from uch claimant, his agent or attorney, when so arrested, pursuant to rhe authority berutn given or declare., or shall harbor or eonoeal such fierson, after notice that he or she was a fugitive from abor, as aforesaid, shall for either of Ihe aid offences, furfoit and pay the sum of five hundred dollars: which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any Court proper to try tne same; saving, moreover, io tne person claiming such labor or service, hi right of action for, or on account of, tho said injuries, or either of them." It is said, sir, Iliac this law has boen found adequate to its object, and that, in former times, no complaint was beard of its inefficiency. This may be true, air. It may bo, and probably is, true, that, ten year sine, this law was fur more ellicieut iu its operation, than any law that we may now onact can be. Within that period, the feeling of the whole world has been aroused on the sub- i'cctol slavery. England has abolished it throughout cr vast dominions. The strong sympathies that were enkindled by the long and agitating discussion that led to univorsal emancipation have extended to our own country, whose Constitution recognizes slavery, At the North, a powerful sentiment, basing itself upon the law of our being, and appealing not to the Constitution, but to principle far above all constitutions, declsres that slavery is a sin against God ; and thai, regardless of consequences, this Government should put lorth its whole strength, and hazard it very existence, to accomplish its annihilation. At tho South, a corresponding movement is made in self-defence; and, as an offset to the disorganizing principles of northern abolitionists, the doctrine, unheard-of before in the annals of the whole world, is boldly proclaimed, that slavery is a blessing; that its existenco is essential to a free Government! that it is the very key-stone of our political structure. Theso agitations, at the two extremes, have shaken the nation to its centre. A feverish anxiety pervades the mass of our people and men of reflection be- fin, in reality, now to dread, what demagogues hsve long icen threatening, a dissolution of the Union. The slave himself has caught the feeling that on every hand is awakened in his behalf; and, following the dictates of his nature, ha redoubled his efforts for freedom. A deep and alarming excitement is agitating three millions of human beings in bondage. The hopes of the slave, thus excited, have, in their turn, aroused the fcorsof tho master, and the overruling law of self-preservation is riveting more closely the chaina of alavcry. Under such a state of things, your law, which, for thirty years, was found adequate to ita purpose, has become a mockery; and the change that has taken place in public sentiment, calls imperatively for a change in legislation, That the law of the United State is exceedingly defective, will hardly be denied. In the first place, it provides for no warrant by which an qfftcer of Vie lav may arrest a fugitive. So deeply hoa the necessity of such a provision been felt in ftome portion of our State, that, in order to prevent not and opon infractions of the law, in the reclaiming of fugitive, the msgistratea havo assum ed to themselves the authority to issue warrants for Iheir arrest, thus violating the law, in order lo make up for its deficiencies. Again : the law of the United States does not regulate the right of continuing the cause, and the claim ant, as well as lite lugitive, may he deprived of all his rights, by the arbitrary rolusal ol tho magistrate to give time for preparation. There is still another evil in reference to thte mattar, which, in eifect, would preclude the possibility of reclaiming a fugitive under the law. The position has been taken, and it ia believod, in some instancea, sustained, that the claimant of a lugitivo must oroee the leiral existence of sl&verv in the Stato from which the party may have fled. Now, in most, if not all, of the slaveholding States, slavery is not matter of constitutional provision, or oi legislative eoacimem, out, constituting part of their original organisation, it ha grown up under series of judicial decisions, and has become a part ot the common law oi tne land, wo ahould, if possible, obviate a difficulty like this, which springs from more technicality. Rut It is unneccsssry to specily the detects ot the present law, in order to aat we havo only to look at what is daily transpiring around' us. It will not be denied, that hundreds of fugitives from tabor are annually making their escape through tbo State of Ohio to CBnada, and that, to a great extent, they arc assisted in their flight by those of our own citizens who, in responding to what tliey honestly believe to bo the claims ol humanity, torget ineir constitutional obligations to the citisens of sister Ststes, If positive proof were wanting on this point, beyond our own observation, we hay it in the publicationa of the day, 1 hnu, in the last numbor ot the bmancipator, newspaper that sustain, with great ability, the cause of the abolitionists, the following extract of letter, written by a citizen ol Ulno to a Inend in ISew-iork: " You wish to know what we are doing beret A very natural inquiry. Why, then, we intend our miliums hall be in fnvor of religion snd truth, of the poor end oppressed. Our homo haa been the temporary refugo of nol Iwi Man, Uiirty yugiliPM Jnm mrAiti the prut year, and now beyond the reach of the oppressor's arm." Experience, then, proves, sir, that the law of tht United Ststes. Bad of our own Slate, now in force, are utterly powerless in extending the protection pledged by tne Uonslilution to tne claimant oi a tugiiive irwn lanor, Thereare. then, but twoqucstinna prrsenlod for our de cision: shall we bring our legislstion in Rood faith up to the Blunt ol this nrovisionot tnet onsiiiuuonior snsu we give up the Constitution itself. I'aereiinemi'nUr ground on wnirA to itnnd. Wa most fulfil ! Ihe provisions of tli Consliimion, or ire mmt git it up. bhsll we, then, sir, from dislike of our Govenimsul as it is, eul loose from our moorings, and embsrk upon the fathomless and shoreless ocean ol political (peculation, that bs swallowed up every republic before us, or shall we, with all ita defects, still cling to ths Constitution of our country! Need 1 ask a citisen of Ohio whether he will giv. up the Constitution! What, ir, hasjihat Constitution not don for us, during ths brief period of our iistenc si one of the Siateaof thia Union! Why, air, within that period, Mr population haa risen from amy iliousand to twelve hundred thousand. Our agriculture has slready made our State tho garden of the West, and must soon make it the granary of the nation. Our nianufactoriea have laid open our mineral treasures, hrtps upon heaps. Our commerce covers the great lake upon our border and all our rivers) while our public works, connecting togsther the importsnt points within our limits, snd bringing market to lh door of .very citizen, are repaying tenfold the expense of their construction by ths general prosperity they ar dill'uaing all around. Look, ton, it the intellectual advancement that haa been made by thia people, und.r the foatoring influence of our National and btate Govcrnmcnia. Scathe school, and academiea, and cellcgos that dot ovor the aurface of our whole State, and bring the means of education within leach of the humblest of its citiiens; that lift Doveriv from it bed ofdust, end dinuse their bles sings like the rain from heaven. look still further, at the holier influence which ths spirit of our Government has shed upon the character of its people, not by rearing a aplendid rrligioue rtablishineni thai should dishonor God with ths mockery of an unwilling service, but by cherishing that freedom of thought and apint, which alone can pre eervo rational religion puro and uiidrtil-ed. 8c our churehe rising on every hand, and pro claiming that the God, to whom the tramera ol the Constitution prayed in the darkest hour of their dosponden-cv. is here worshipped by twelve hundred thousand hu man beings that repose beneath the shadow of it wings. Nor need wo stop here, sir, in our numeration of the blrssiugs which have flowed from lh enlightened spirit ol our institutions, in ins nay ot our prosperity as a nation, we have not forgotten to reliove ths wretched. The blind, snd the lunatic, and the dumb, can hen join in the general thanksgiving that goes up to God, Tor ths exinence of a Government that recognize, in it legia-lation, the great principle of universal benevolence. I do not claim, sir, that the action of our State Government I perfect, or that our legislation, for the protection ol individuals, la, in all respects, aa it should he. I believe thst time mu.t, and ahould, materially .often ths rigor of our law, in regard to lh black population of our Stat. - But, sir, with all it, defect, it is Itill my full belief thai there exists not on the face of the whole earth a Government that secures to ita people a lurger amount of general prosperity end happiness, than are found within the limits of this our youthful State. ' -. -, In view, then, of our present prosperity, snd of the prospects before us, shall wc, lor any consideration whatever, give up our national Constitution, or hazard ita oxiatence, by refusing, in good faith, to act up to the spirit of.ita provisions. ( ; -' If thon, sir, we go for the Constitution as it is, and iT the clause of the Constitution that relotea to, fugitive from labor demands more efficient legislation, it only remains for us to iuquir whet that legislation ahould be, and op whom the duty of enacting jt properly devolves.' ' .' , ' The bill now before us, so far as it relates to reclaiming fugitives from lubor, is substantially a transcript of the law of the United States, with some importantmodifications.- Under the law of the United Stoles, the. claimant may lay violent hands on the fugitive wherever he may find him. A claimant proeeeding under the provisions of this bill, muat first file an affidavit setting forth the facta in the ease with some magistrate or judgo, who issues his warrant to an olficer for th arrest of tho fugitive, and such arrest is made, as il should be, by an officer of the law. A continuance is also secured to either party on affidavit being mado of its necessity, and the claimant is required to give security for all Ihe costs. These provisions ore certainly nn improvement upoivlhq law of the United Statos, that has been in force for mora than forty years. If thernboany justobjectiontothem, it i that, although bolter than tho corresponding portions of the old law, they elill fall short of the principles of juat legislation. - .,- , 1 lie otticr provisions ol tne pill relate principally to the punishment of those who, within th limits of this State, knowingly and purpotely interfere to deprive a citizen of another State of that property in, and control over his slave, which tho Constitution of the United ntaies secures to him. II the Constitution have any meaning, then this is a criminal offence. The bill doet not propose to punish sny man for responding to tho common claims of humanity, for feeding the hungry, and clothing the naked ; but it doet propose to punish, aa tne law now in lorce proteases lo do to a certain extent, ' a deliberate attempt lo deprivo another of his constitutional rights. In tlie infliction of punishment, it regards, as legislation should always do, the general feelings and s ntimcntsof men. It fixes a maximum of punishment, which is admitted to be sunicienrly mild, even by the opponents of the bill, and under this maximum it leaves all to the discretion of the Court. Such, then, are the main features of tin hill, in obedience lo the pontwe eommand of the Constitution, it point out a mode by which a fogitive from Isbor may be reclaimed, and punishes all illegal interference wiih the constitutional rights of the person to whom the labor or service of such fugitive may be due. 1 wo important legal questions aro involved in this bill. The first relates to tho right of a fugitive from labor or ecrvice to a trial by jury, as preliminary to his re moval from the State. By Ihe Constitution of the Uni ted Stntes. as well as of eseh State, every individual, in a matter effecting life or liberty, ia entitled to a trial by jury. The point in dispute is, where that trial shall take place whether in the Mate in which the lugitive may be arrcated, or in that from which he may have fled. Upon this question there would seem to have been hitherto but little discrepancy of opinion. The law of the United ntates which was passed during Ihe administration ol Washington, and in enacting which many of the framers of the Constitution must have participated, did not give a trial by jury in these case, and the laws of tho suveral Slates have in this respectgenerally followed Ihe law of Congress. The true exposition of the Constitution on this point si-ems to be most clearly laid down by Judgo Story in the 3d volume of hisCommentaries on the Constitution, page 677. He there save, in reference to the 2d section of the 4th article "A is obnioxu that these provisions for the arrest and removal of fugitive of both classes, (fugitives from justice and fugitives Irom labor; contemplate summary mmiieriai proceedings, and not the ordinary course ofJudicial tnreifiga-fion, to ascertain whether the complaint be well founded, or th claim of ownership be established beyond all legal controveny. in eases ot suspected crime, the guilt or innocence of the psrty is lo b msde out al hi trial, and not upon the preliminary inquiry wheibor he shall be delivered up. AH that would suemin such cases to be necessary is, that there ahould beprimaucieeri-dence before the executive authority, lo satisfy its judgment that there is probable cause to believe the party guilty, such as upon an ordinary warrantwould justify his commitment fortrial. And in the cases of fugitive slaves, there woold seem to be the same necessitu of requiring only prima facie proof of ownership, without putting tne party io a loriuui asaertton ol bis ngbi by a trial at ine eotumon low. iongre appear to have acted upon thia opinion, and accordingly , in lh alatute upon thia .ibject, have authorized aummary proceedings bufore a magistrate, upon which he may grant t warrant for removal." In llio 5th Sergeant and Rawle, page 6J, Chief Justice Tighlman expre.ses the same opiniun upon this section of tho Constitution. His language is ss follows : "It plainly appenrs from the whole scope and tenor of the Constitution and act of Congress, that the fugitive waa to bo delivered up on summary proceeding, without ihe delay of a formal trill in a court of common law. Hut if he really bad right to freedom, that right was not impaired by this proceeding be was placed just in the situation in which he stood before he lied, snd might prosecuts his right in the Stato to which ho belonged." In this case tho point was made directly by counsel, that under tho Constitution of tho United Stale a well as of Fennsylvsnia, Ihe plaintiff wasontitlod to riilf by jury. Tho proceedings for reclaiming a fugitive from labor, then, must bo merely preliminary, rumni n, and minis-tcrial imiHsirinir no rights, but plucing the fugitive in the siliisuonin which ha Hood before he lied. In reply to this it is said, that the trial by jury io case iuvolving liberty in slavoholding State is a mere mockery of justice, and that to deny such trial to a fugitive here, is lo deprive him of it forever. Aa legislators, sir, wo cannot proceed on such a supposition. We are bound to believe that justice will bo fairly administered in our sister States, so long as we recogniso that elsnse of the Constitution which compels as logivs full faith and credit to their judicial proceedings. We cannot, then, without contravening directly th Constitution itself, give to a fugitive from laUir the right uf ainaf trial of th ?ucstion of liborty boforo our own tribunals: and, aside rom Ihe constitutional abjections, such right granted to the fugitive would bo tantamount, praWiraJiy, to denial of the right of the master to his slave, from the difficulties wiih which th assertion of that right would bo invested. 1 am not aware air, that ibis construction of the Constitution ho ever boen queationed by any court in the United Slates, with single exception of a decision in caw recently befur lh Supretn Conn of New Jer aey. There will bo evils arising from any course that we may adupt evils that original in slavery itself, snd in the obligations iuiKscd upon us by the Constitution inregard to it. Still, those obligations should, in my opinion, if wo would avoid atill greater evils, be fully and faithfully discharged. The eeennd legal question involved, is that of concurrent jurisdiction. In reference to this, certain leading principlua have, by the deciaions of our courts, been well established. In Ihe first place, it ia adiuitt.d that in all cases in which the Constitution expressly confers rxWuiiec jurisdiction upon Congress, or expressly prohibit, th. Slates from exercising any jurisdiction, or confers upon Congress a power which from its very nature must be exclusive, the Ststes are precluded from all legislation. Il is not contended by any one that the power to legislste on this suhject of reclaiming fugitive from labor belong errlutirtly to Congress. There is snoiher class of esses in which Congre hsve only a concurrent jurisdiction with the States, and it is conceded that whatever power Congre may have over the subject of reclaiming fugitive. Irani labor is of this description. In somccasra, ihe Constitution Itself lias conferred upon Congress eoncurrrnt jurisdiction with the Stale, aa in the cose of the power to collect taxes and from tht opinion of Judge Siorv, in the case of Houstnn vs. Mooro, 5 Wheaton, Rep. , the power "to provide for organizing, arming, and disciplining the militia;" and also the power " to pnvide for celling forth th militia to exaout the laws of th Union suppress insurrection, and repel invssion," would seemto bo, by the Constitution, matter uf concurrent jurisdiction. In these cases of concurrent jurisdiction, an important distinction must be obaorved. In rases of concurrent jurisdiction, ir-AirA originate in, and are created oy, the ConiMuion, aiuf errr which tin States did not possess juritilirtion prior to the formation of the Constitution, il hss been eontend.d, thst Congress msy, or msy not, at their discretion, legislste exclusively, and vest lh oxclusiv cognizance thereof in tboir own tribunals. In accordance with this principle. It is claimed that the judiciary act of 17S9 givee excltieiva jurisdiction to the Circuit Courts of the United States, of all crime and offences cognizthle under the authority of the United States; and w And thst Congress, when legislating for the punishment of olfence under the Conitifulinn, have proceeded upon aueh asupposilion, and, in many in-slances, hsve expressly conferred upon the Sines, or reserved to, or recognized as ettsting in, them, th right to legist! slso. -i The principle seem lo have been advanced by soras of the judge of the court ol the United States, though denied by some of the Slate courts, that in ail such case of concurrent jurisdiction, originating in the Conitiiu-(ion, if Congress have once exercised us powers without such reservation in behalf of the Stales, all power to legislate upon the same subject is, by such exercise of power, and whilo the law of Congress remains in force, prohibited to the States. But in all matters of concurrent jurisdiction, over which the States possessed jurisdiction prior to the formation bf Uie Constitution a dif ferent rule prevails, and, in such eases, it iswell-established principle, tliat both Congreu and the States may proceed to legislate as th respective interests of tboir constituents may demand, with this single disability at- -. w .11V hj.',u ...WIOIU.IUII, .UU,, WUCU II VUIIIC. IU actual conflict with the law of Congress upon the same subiect, the latter will prevail, and tho sovereignty of the State must bow before the mightier sovereignty of tho Union: 1 Kent' Com., lost edition, page 395 ; 3 Story's Com. on Constitution, pp. 610, 6li; Fedoralist, Nos. 32 and8S. - .t. ... ! The right to legislate upon the subiect of reclaiming fugitives from labor, lea thu netted in tlie States prior to Vie formation of tilt Conttilution and it only remains, therefore, to inquiro whether the provision of the bill before ns do eoriflict or interfere with tho laws of Congress of 1793. All the sections of the bill, with the ex ception of tho seventh, relate to matters not embraced in the law uf the United States, and, of course, cannot interfere with its operation. 'The clauses in' reference ' to the authentication ot the warrant for the arrest, and of cortificato for the removal of tho fugitive, are limited entirety to proceedings under tne Htate law,' while, in the eleventh section of the bill, the law of the United States, is distinctly recognized, and all conflict avoided. . The third section of the hill provides for the punishment of those who shall ofistruct or hinder an officer, proceeding, under Vie provisions of Ute law of this State, to ar rest or remove a fugitive, and cannot interlcre with the law of Congress, which only punishes the obstructing or interfering with tho claimant, when proceeding unrff r tfie provisions of Utat lav. The seventh section ol tho bill provide for the punishment of those who shall he guilty of an offence against the State, by knowingly harboring a fugitive from labor who may come to this State, without tlie consent of the porson to whom such labor may be duo. The law of Congross also punishes the samo offence against the United Ststes. As to the right of ihe Stoto to legislate concurrently with Congress for the punishment of this offence, over which the States murf hare had jurisdiction prior to tie formation of Vie vonimuuon, mere seems to ueno uouor. In the case uf Houston vs. Moore, 5 Wheston's Report, p. 32, to which I have before alluded, Judge Slory distinctly lays down the general principle, that, in th cases of concurrent jurisdiction last alluded to, the State law aro only subordinate to the law constitutionally en-sctcd by Congress; and that, if there be any conflict or repugnancy between them, so that the State laws shall interfere with the operation of the laws of Congress, the State laws will be to tlwtcxlcnt inonorative and void. In the same ense, 5 Wheaton, p. 34, Judge Johnson says: " It is obvious, that in those cases in which the United States may exerciso the right of exclusive legislation, it will rest with Congress lo determine whether tlie General Government ahull exorcise the right of punishing ex-euiii'fy, or leave the Stales at liberty to exercise their own discretion. Hut where tho United States cannot assume, or where they have not assumed this exclusive exercise of power, I cannot imagino a reason why tho States may not also, if they feel themselves injured by the same offence, anrrf their right of inflicting punishment also." Ho slso say: " The actual exorciee of thi concurrent right of punishing i femitiar to every day1 practice. - The laws of the United States bave made many offences punishable in their courts, which were, and ttill continue, punishable under the laws of tho Stales. Witness the caso of counterfeiting the current coin of the United States, under the act of April 21, 1 800, in which the Stale right of punishing is expressly recognized and preserved. Witness, also, the crime of robbing the mail on the highway, which is onquestionably cognizablo aa highway robbery under the State laws, although- mad punishable under those of Iho United St'.." From these authorities we msy infer, then, that t law of State, in mailer of concurrent jurisdiction, and ocer icAieA the State posse tiedjurisdiction prior to Vie formation of Vie Constitution, is only void when it inter- feres directly with the operation of a law of the Uniied states. A provision, lor instance, forbidding claimant of a fugitive from lahor to proceed to reclaim him under any other law than the one we may enact, would conflict with tho low of Congress, and would be pronounced by the courts of the United State inoperative and void. But while we recognize the law of Congress, and do not, in any way, interfere with it operation, wa may, in such cases, legislate, in all respects, as to u may aeem adviaablo. The term concurrent jurisdiction, of itself, implies thai Ihe laws of Congress and of th States, upon tho same subject, may be in operation at the same time, and is suscoptible of no other meaning. Tlie position assumed by gentlemen, that, in all cotes in which Congress havo constitutionally legislated, all subsequent legislation by the Stales upon the same subject is void, confounds the distinction betwoen oxelusive and concurrent junediction, pmatrnlt's the sovereignty of the Stale, and ia al war with th fundamental prin-ciplcoon which our Government i based. the opinion ol Judge Washington, in th case of Houston vs. Moore, before alluded to, ia, it is believed, the only authority l hat can be found that denies lo the Stales, in all eases, Iho right of ronrMrrenl legislation where they possess concurrent jurisdiction; and Judge Washington himself informs us, thst the other members of the conn did not concur with him in the course of reasoning, which brought him to the same conclusion with themselves in the decision of that ease. b'rnm ,1.. r ... .1.-. t. that thcr is no oqIici hotween the provisions of the bill before us and the law of th Uniied Slates. If. howev er, we are mistaken in thia point, atill our legislation can do no harm. In ths case of Livingston vs. Vsn Ingen, 9 John.on's Rep. 576, Chancellor Kent savs: " Our ssfa nueoi construction and ot action t this, that, if any given power was originally vested in this Stste, if it has not been exrhtsieely ceded to Congress, or if the exercise of it has nof been prohibited lo the States, we may then go on in the exerciae of the power, until it come practically in collision wun in exercise ol some congressional power. When thai happens to be lh oae, th Stat authority will be so far controlled, but il will slill b good in oil those respects in which il doe not absolutely contravene ine provisions oi tne paramount law." in inosamocaac, juttgo ihompson also aaysp. ou7: The onlyresiriction upon the Stale Government, in the ezercise of all concurrent power is, that the State must act in subordination to the General Government. It i notaaullicient reason for denying to Ihe Stat the exercise of a power, that it may poseibly interfere with th actsof theGoneral Government. . ft still ae time enough to turrewlcr the potter when auoh interference shall arise. Tho framers of the Constitution foresaw the possibility of such a state of things, and wisely provided the remedy by making the lawavfih United Stalea the supremo law of the land. Thus guarded, there can no possible inconvenience result from the two Government exercising legislative authority over th earn eubjccl." TLI- -I I. i a -l' ; J ins mp, ii woiiio wm, is ine aocinne now recngniseo by the Supreme Court of ihe United State I Kent's Commentaries (last edition,) p. 3!l. If these princi ples oe correct, no collision osn possibly occur practically between th officer or tribunals of th Uniied States and those of th Stalos, in a matter of concurrent jurisdiction. Aa to the txpclicncy ot providing for punishing as sn offence against the State, the act of Aorooniiga fugitive, which act ia already punishable by the law of the United Stales, ii may be sufficient to reply, that the law of Congress mskes no distinction between offences of this sort, but inthcis Ihe same punishment alike upon all who may violate its provisions, while Ihe bill before as, Ilk our Isw now in force, and which hss been upon our tstule book fur more than thirty year, adapts the punishment to the character of the olfenco, a. it is presented lo Ihe court; and aa the Slate law will, in practice, aupersede lo a great extent Iho law of iho United State., its operation must, in this respect, provo beneficial, while no instance, so far as I can lesm.hasoveroeeured, or, as I believe, ever can occur, of a double eonrirfion for a violation by one and the sain act, of law of ths Utii. ted Slates, and of a State. Hut there is one other ground on which legislation up. on tins subject would seem peculiarly appropriate. Many of our soundest legal men, throughout the country, douhl the constitutionality of the law of Congnrs in relation lo fugitives from labor, from the fact that Iho Constitution dooa not, ai is required by Ilia 10th article of ih amendment to that instrument, delegate any an-thorny to Congress so to legislate. Tho Constitution simply savs, thai the fugitive "shall be delivered up." As ilis doubtful, then, sir, whsiher w hsve snr law how in force ukw the ubject of reclaiming fugitive from Isbor, and a there eoms lo b om reason to b. lieve that the power lo legislate inreferono toil, is ves-led rxclutitcly in th Stats, lei us enact a just law, in obedience to the positive command of tho Constitution, nd then leave the whole mailer, where it can be left wiih perfect ufely, to the judicial tribunals of our country.Hut ir, we ar lold thai ll la Inexpedient for us to I e-gislat upon so ticiiing subject, tnd that application for additional legislation should be made to Congress. And why. sir. should Cono-roH be called anon tn mt. if there is doubt of their constitutional right so to do, or "17,11 uie topic oe sn exciting one, should the whole nation be agitated by ita discussion, when the necessity lor action ia limited to . .mull nnu r th si.,.. Sir, lot ua not attempt to evade the responsibility that rest upon us. I, for one, ir, believe, that it i the duty of States, a well aa individuals, in good faith to fulfil their contract ; and above all, it ia our duty a state-men so to do, at a time like the present, when law. and constitutional provision are: openly set at defiance, and governmental raitn is proeiralea, in Mm dust. Lift ud It 1 1 .L: 11 ... jvui vud, nuu tuuK aurutu over ini union, wltn all 11 present blessing and gloriou hopes, and say, if you will lightly put to hazard the momentous interests that hang upon your national Constitution. . Why, air, our i the only Government that ha ever existed, in which lavery bo not practically extended to the great matt of ttepcopfe. With as, hoerty is tht rule, and slovens the excepttont with other nstion, liierry irtte exception, and tlavery it the rule. And I appeal to the bitterest enemy of slsvery in the whoel world to say, whether this Government, with all its defects, does not confer larger mourn ui ireeuuin upon a greater number ot numan bo ngs, man any otner ijovornraent that now xist, or of vnich history speak to us. And who can fix limits to the areatnea of our conn. try' destiny, if we, and thoae who are to come after us, but prove (rue to the Conttitution. A century from this day, sir, every living man within the sound of my voice will hare bowed his body to the dust. Another generation of two hundred million of human being will have sor.ad over our land. Fields will have been opened ; channels of communication will have been lormed) and towns, and cities, and Tillage will have thickened np from the Atlantic to the Focifio ocean. Our country will even then be new and fresh as the morning. This will then, aa now, be called the new world. in view 01 all that our country now is, and all that she mav hone tn bn.lnl n.. mr. n.li.nial-1.va-nit a- m-n J fast by Vie Conttitution of our fathert. Let as remember mat, wnatever measure 01 prosperity has. in the Providence of God, been allotted to ns beyond the other nation of the earth, haa, so far as human agency i concerned, flowed directly from that Constitution; and let us never forget, that oar only security for lh future muat consist in th maintenance of the tmrilotiiut un promise halt built np Iho Wmctfie Stato. On subsequent day, Mr. Andrew read, in support of this position, the following resolution, introduced into the Senate of the United States by the Hon. Thomas Moms, on the 6th day of Febsuory, 1839. Resolved, That it belongs exclusively to the State of this Union to provide, that a parson who may be held to service or labor in one State, ander the lawa thereof, and who shall escape into another State, ehall be delivered up by such State to Ihe party to whom such service may be due, ana that the States, as cartel to the compact of union, are, in good faith, bound lo make tuch proration. ORPHAN INSTITUTE BANK. . NOTWITHSTANDING th loans which bss been takes (lliroush speeulstlvs motives) or certain Individual of Cincinnati, th note, of that Instltatkra ar still redeemed, promptly, at our counter, snd ever have beau, on demaad. W are swart that thsre art seme persons la Oladaaatl who art e. deavorlos to mala tut publls bellev tb.y ar oot worth their face, la order to make a susv out of lbs Industrious meeusntt snd firmer, Bach things are wrong la to txtreme, call it what yon please. Those who hold any of our paper, onfht not to make any sac. rltlcs oa tbe paper, aor tlve the broker the opportunity 10 suav the bolder out of his Jail das. . H. OVI ATT, FrssX Conimbas, F.b. U, 1839. The rbilowlof Is a suismsnt and condklea ot it Stark Co. Orpbau Institute on ths 22nd of February, 1839; BSOVKCE8. Leans to sfkhldw s, on psnonal sscurUy , on uiterest,..2 gM 00 Bills rereirahltm the Treasury, 69140 7 00 Buffalo at Nsw-Yorz, at 35,60 at 75 days Sals. 1650 00 Real Esute and Traos. OlAos Included, 1.400 00 Kpsrl, - h , a , Jilfi9 M Dank Notes, different Banks, cjijj no ; f 108,037 43 ....71 .(100 00 16,07(1 00 9.000 00 .... 6.2110 00 .... S.1 69 .... ' 1,640 42 756 31 100,037 43 MAnirrrrva : Capital Stock paid In, urans ana uiiecss on Treasurer oot prsseatod,.. Due Individuals, .. Drafts on New-York, aot prestnttdV Do sold Individuals, " 1st. dus Stoekhotdsrv. Orphans' Fund res th beeoni of th Beneol,.... I. Black, Bee. ' Kerch 1...wlw..e-w2w ' II. OVIATT, Frsst (ff-Cincinnati Dally lfiws, copy, to th tmoast of f6, aad shars this oAce. 1939. TRANSPORTATION. BUFFALO LINE. EKIB CANAL, Tlaasauis io k C, rroprlatotsi CLEVELAND k IANESVILLI LINK OHIO CANAL, Ricaaas Wtsauw A Co., Proprietor. Csontrl.d who Sraui Fanom Doits, sad TassaLs ea L. trie. THE Proprietor, end Aunts of toeat I.lnss will toatraet Ibr lbs trsaaportatna of Good, or Froduee si mlr rslss, sad pledse Ibeuwelves to thus who may sntnjrt property to Ihtit ssr f triQiportatloa, taat tht Sams shsll bs nrwsrdsd with tart tad despelehj ead thai any dsmsf that may oteur I property ililprad by th shorn nsmsd Lines, whlob lb. proprWtort may be liable (Or, shall ba adjusted to the most prompt and liberal ajanosr. AornoRrzen agents'. Blrsm Joy, No. 18, South street. New York, end Aran! Ibr KMamoot lusaraact Caw" Tasddsus Joy k C., Albaay. Joy 4 Wobaur, Buir.lo, aad Af.nl for uColuaabus losu rones Co." Richard Wlaslew Co., Cleveland.Rail at Bhtyanl, Hoaslllen. Samuel Adama k C, Drdsa. Smlta k Woraw. Nswaia. B. Cwnstoek Co Columbus, H. B, Ross k Ve- roriauraia. lFEEinciB. Uwrsiiet, Hartmll Co., and Kflfon, Taylor k Co., Clnela aatl, O.i Oratory, Burr k Co., ead D. Woodbury at Co., Coram-sos, 0- A. Baklahaai Co., Futaamt enable Mania, Zansavlllfc F.k.t7.dnrla..wai lUStateimaa copy, and sbarge thai oU. CIEORCB . BATES IMfOMTtk jtVO WBOLElALt DUtLtk , 1st Drtfl, Palais, Jeers' AHUttt, ku Bier, sorasi af Mala sad Froet strssli, CINCINNATI, OHIO, i HAS sow ea hand, and shortly ss arrive, aa estsasfr stock) sad rwpMirany Units lh altsasna of Mwahaals, Mao-fsriursrs, snd olh.rs, who will lad many edvaauutss la purclta-aln al Ibl. atal.lUimtat, la prtrennc t ordaitaf from the Esst, ihsr Win aa Halt or as dlffaraaee la the srtMf Goods compared with Ihon of oaeura Hoaats. 1 The lollewiaf stapti ankles r etTsre as quaatktas M sutt parcasssra, via: Oils 50M ralle Far Wmttraod Fall Bptn Oil; 300 da RMtned Whale OUi lllO bbU Tao..1, vartoM ualltlrj i 50 do NaaufDot, Llnmd. Olive sad Caster Oils; 74 hesksts sad casss Halad Oik 1 fsml. IPO bars troaud Whit. U.d, vtrmas breads; ' 30 eases Chrome, Onma aad YaHowl 4IMI0 lh Ones, Yellow, Black and Bias Fatal la OB; HUO bus Wbiimi, Vsottlaa Red, Lamp Bias. Red Lead ami Oehn; 125 do Itpts. Turpntlne: vrtib a sreet varkry f Ba and eoarss palal tor bow aad bamm pahnliw- ltf' JSrluUt 600 Mia Lofwood, fastis. Camwood, Nkorafm, Na4els aad Opliuw 150 carboy, nl. Vitriol, M.rktk and Nkrk Aslds, warraawa suiwrwr to sny msds m lb Wast ' 50 bM. Coptwrs) B aoraons apaake PH. Indigo and CBeoiasal) I I esse A.nal dot I baskste Aimatlot W, Hachias Cards, Frta Pastre, sha-try, . kt.i 4 tasks Dutch end Frsneh Marld.l. ' f.atM 15 bbk R.naed Ball FMr. aad Borax; 0 am Heda, Tart. Add aad RosMlle BaK) 50 blik Eiaoni Mia; 300 do America aad Romas Count and Llsast f.MI da Tar and Rosin; 1000 hois. Snap cmiis, whlt,yrlsatl, palm and itiarlof; A casss Fartumloa ikpa; kl bhds Blatk U.d CruclhlM; 40 bbk Copal, Japan and Cosrb Vsrntah, very saperior; 1 90 eaaas Llquoiles Pan., Jiipiba and Qua Cteal; SO d HrtmMuM, Walt. Was, Faint Braakm, (aanrtedj) 50 bbk (llue Amwkas, Rosetaa, and IrWi; 5x 10 llNali:l 10 matt. libel. rtMi40bw.pr 100 boxes No. I CbocoUH. I bbt ClovM, Ht hop law Uincsrt Um torn BoltlM, Vkls, Flaak and Window Uksoi 10 tkrew ("hunted Hooey, of floa Savor; 10 torts Knlkh Bsl Soda: 300 ewkatts Umoa Byrap and Foeper Base. Feb.T..w Css-OasJ RALPH P. m ORLAND, ATTOHXS.T tvn cownsuo jt ur, Lows bUsdvist, Case, ILL attend la Ike bmtoom f ak arofcaawa ead to the Asenry of iMi In Basdasty and tks aaJolalas saasllsa. Ben ss Kikhs wiiiiuis.y,vanoid,uiua Ja.uiry 3,18.19.. I v. '

CT - 01 ISO STATE JOTMT keg mrmi. .J . i 0 ! ,.,',: VOLUME 29. COLUMBUS, OHIO, FRIDAY, MARCH 8, 1839. . I It NUMBER .58. AND rUBUHHBO BY , , ' . , ' . .. C. SCOTT Ic 8. POUGUASB.) At three Dollar. year, InVirUMy In draw. Tict k afeHi IA 5f 0 (A legislature, and Week the remainder ef the year. Office Bute street, Two doon Wwt of the Ollntoa Bank. , , ADVERTISING. ;.- ' , ' Twelve Mnei or leei.onelnBertlon,.,..... 90 50 u m . u three. .. ....! (HI m ' each addlitonallnaerllon ,-0 25 u u three mortthe, 3 00 iix month..,.. .....5 00 . m twelve month.,... 8 00 . Longer edvcrttwmenti In the eamt proportion na the above. A deduction of twrntr Mir cent., (on th ic,) when the amount exceeds twenty dollar, in tlx montlia. All Ad vert Ite men ti ilionld be marked on their faee with the umber of Ineertloiif deiired, or they will be continued till order d out, and oharned by the Ineertlon. No reeponflbllity for errora In leial Court AdverUeementa, beyond the amount chargnd for tlielr lueertion. 1 TBABLY ADVBRTU1H. One elirhth of a eoluma, (about 35 Hnea.) 912 00 One-fourth "... 00 ; One half 0 A full column .'...4U 00 Any Advertiser exceeding the amount enguged, to be charted for tlie etceai, at the Am rate above mentioned. inAII lettera relating to aulwcrlpttoni muat be addreatod, (poet-paid,) to the Pdiumikm. ,. LIHT OF AGENTS. The following gentlemen art authorized N act at Ageata for the Ohio titate JiMirnnl and RrgUter, via : Wttl 0in Nelion Barrerc, Lima. D. I). Tompkins, JUkens A, Q. Hrown, Jtffersn,Jtik.tn. Uiiylord, Hamtlf, ...I,. D.t'aniptwll, St.Cl'ret:iUe,. J Howard, Oterget a ten, David Julmaon, Carrvlltan,.. Wm. Jolinion, Batavia, .... Ambroie Ransom, A Lisben, Dsn' Harhnugh, Ce thee tan, ,.J. Robinson, Urban, J no, A. Cor win, 8prigAld,.ia. H. Ilaleey, mimtgt9M,0. Vott, Buefru J no. Under wall, Cleveland, ..PiiUo tVovtll, J)laara,.T, 0. Jones, Ortenville,.. IWrnm Bell, BanUik ?.. A. II. Ilarber, tlantatttr, .Aim. Sanderson, tVatkivgten, I. H. Itoremsn. OattipeUe, ..J. Droilillard, Xenta, O. I.. Merrkk, Painee title, .R. Hitchcock, Cameridgt,.. II. Koltb, Cndit, J. B. Lncty. genten (leorge Joint, HMseara, .,W. C. Hcott, MUlersanrg,W. R. Happ, Milan, O. W. Clioat, Cineimnnti, . O. Toby, Findlaf Wilson Vance, Afar, P. 0.,. David Johnson, Jaaksen A lei. Miller, Btenkeneille, Jss. (Jollier, Jit. rrM,.Wm. Hevena, Tateda J. R. Othorn, KWin(,.Wm. Miller, Xttserk, ....J. MtUliiot, Betlefent'aa, H. Stanton, Cyna A. A. Bliss, Marion J. H. (1 ml m an, Ckttttr, ,..,D. Barber, Piowi, ,.(.!). AdntiM, Hoodsfit id,.. Win. Bieel, "SZFi- ZantiviUty. ,Q. R. floddard, Medina J. L. Clark, London, P. McLenn, Bt. Mar 9i, ..U. W. Stearns, Daytm W. J. HcKlnney, fort Bnven, i. Dewees, Piktto, El It ht P. Peters, Knlida, .....J. H.Coehrnn, 8omir$tt,...W. K. aloellar, Ctrelevitte,.. James Hell, Kacina, ...Geo. V. Wallnre, G. D. Hendricks, Mamfield, ..O. I. Sherman, C)fUcfs,.C. Martin, prrsaiia,.M. Uregory, Cda(N, 0, Reynolds, r Joe. Howard, Sidnef Jacob e). Con kiln, ,. SdRdmty,A. Eddy, Warren L King, Jf Pht led i If., J. Overholt, rrjci,..Win. Steel, milekire..C. Mount, Ptrryikurg,.W. P. Reaner, Astsaea, ...J. Prohaaeo, Jr., Marietta, ...I. Test, WeeeUr O, B(iink, IijlaMl....0. brubacher. fc. GRANVILLE IXhTITUTIO. Om mi7s Witt of O rant i lie, Licking eeuntf, Okie. rpHEeflversl densrtmenta of this Institution, Colleilate, Pre L parutory and English, will be opennd for the next term on Thursday, March 2 lit. The sinenses for the tern of 21 weeks will be, for tuition, frlO 50; for boarding and washing, $2H 50; for room rent, $11 Oil. Hoye are charged, In addition, for fuel, furniture and Htflite, 94; others for furniture. If they choose to have It, 2 00. Hoys under 15 years of age, must enter for a ra terra, and pay in advance; others for not less than half term, and pay in advance. It la Important tor every student to enter at the beginning of the term. March 1. J. STEVENS, 8ee. FIHK! KIRKt! FIRM!! PORTAGE CO. MUTUAL FIRE INrillR ANCR COMPANY. THE subscriber will be happy to wak apoo any person desirous of effecting insurance In the above named Company, And to furnish any In Tor mat ton In his possession with retard to it. L. HEVL, Agent, Office door North of C. lleyl'i Hotel, High street, Co I urn bos, March 4. 10,000 Genuine Morua Mnltiraulia Trees. rPEN iliousand genuine Morua Multkantls Cuttings, grown Id JL New-Knglaad, are well matured, and a very desirable lot of trees to propagate from. 2tl.iHK Chinese, Alpine and Brusca Seedling Trees. :KrO (MM) Silk Worm Eggs, and genuine Imported BUcaian sugar nef iecd. For sale ny CVRL'S FORD ft CO., Mssslllon, Stark Co., O. Feh.20..6w t'ROHHV HOVT it, CO., WHOLESALE DEALERS IN DRY GOODS, No. 18, Exchange Place, Opneiite ih$ nam F.ttkange, NEW-YORK, CROSBY st Co., have aeaoc'aied wfth them in the Drm Heads i Mking Buttntie, Mr. JAMES A. HOYT: and the bust will be con Juried frreefter under Hie Arm of CROHHY, IVT & CO. We have Uken II new and eomnodioue store. , Kunange Place, directly uiiposlie Hie new MertkanVe r.ukamgt, and intend to keep at all tiaiee, a general and well at- pernd sssnrtnient of seasonable Vtreim and Demeeth fr QeeeU. adapted to the ctly and country trade. We shall strictly adhere lo ute aul printtpte, and eell at neH task pries, at a small advance; experience having demonstrated thil tlte Ung eredtt ten Is productive of grrater tm$e than pfjlr, to both euysr end aaiier. Acting, therefore, upon the principle thet e nine It sit- penea ia heiter than a elew ekilling," we respertfully solkR our oM cvstotnera and friends, and all who believe that e etany eeed, ia ae gned at tme memaa ammed," to call and examine our Mtetk and Pnteef and hr'Ure that the farilltiee we possess for pro curing our goods on the best terms, will enabte us to give general aaiuisriton. We beg leave lo subjoin a few remarks, relative to the present a no prospective state or tn market. Demeetue are plenty, but hnve advaaeed a trifle In prices since tin last season, and will probably remain about stationary. The stocks of Fmreifn Oeede, of all descriptions, wilt be very ahun-dnt. The Importaitone are much earlier than usual, having al ready ben lane, and numerous arrivals are yet expected; so that tne supply will be fully adequate to the demand. - - A!) tlioee who have rose, to pay, may confidently expect lo And as gee aargntne, as at any former period; and also al a hand tame profit below the usual credit prices. The proof will bo ap parent an trial. CROHIIY, HoYT 4 CO, Feb aj..w.lin JYs. 18, KttUnga Hate, TIMOTHY HKK1). BUSHEU good Timothy Seed, for eale at my Store. I. w. COW1.ES. Worthlngton, Feb. ..sw4w FOR HALF, 11EW No. 2fl, In Trinity Church. Uohimbne. A Dody Pew; entrance on Hw West aisle. For furtlier pariieuiars, enquire of DAVID BROOKS. Feb. W. .If rpVO hundred Bags Co Hoe; J. 10 - Sidce; 10 Pvpperf 90U Mate Cassis. Fur eale by GREGORY, RURt at CO., Feb, U nd 21, South High street. VI. 0 NR bundivl Bolt. I ky 10 Kiuc 6U 10 by It do. Tut Ml. W UHttlnKY, BL'KR k. CO., FrK. tl. 19 J1, Kmilh lll(h . TOUACX'O. m'9 45 Hii.r lwj tO " 92 Ump: 15 t it. rMi. kr uhkuorv, mini co., Fk- tl. 18 II, Hoalh Hlli . " BoXK HI'K III h VtMr 9aur I'l " liwin Hjrrup; S5 " Candy, Amit4, 15 M.viin. frawrm; 10 CMoii Uhi(.f. rnttl.tiy OKKUUKY, B1IR1 It CO., r.KJI. IV t tl. Boolb lltab it. TKA. K( IMIKKTtl Voun, llyn! " ' lll lif ch'l. do do fattM do do 10 ll.irt'UNU ImptiUI; 10 h UunN)w,l.r. For ... by GREGORY, RURR CO, tt 19 4 41. tViail. HI, HI. LKMONH. 1 ( BOXES I.EM0N8. For nl. by - " UHWlllHY, tll'RR k CO., Ti. M. 10 t II, Kouih lllihrt. i'lOAHN. ','' KI.I.W lll.iHM II. If HMnhh;' &U.IXK) Common. For Ml. by UREUIiHY, BI'RR k CO., Fb.M. 1 21, itauib IllfUrt. HOUSE OF REVRCSKNATIVEH OF OHIO.; i ! x .'. - BPBKCU ' A ! .-OF J. W. ANDREWS, OFFRANKI,, ' Oil the cngrasimcQt of (ho bill relating lo Fugitirc. from lsboror service froirt other States, m House of Representatives of Ohio, Saturday, Feb. 9, 1839. ,, Ma. SrEAKu.:, ... .... '. .1 ' ' ,'.' l. J It is not my purpose on this, or dv other occasion to . stand up u the tolo;ist for slavery. I rogard its existence as a great .national caluni ty, and lull of prospoc-' live as well as present evil, liut we nro not called upon at this (into to discuss the abstract quest ion of sis very. ' rTL C e .1. r r . , ... , .1 ' 1 lie immers 01 me ionsuiuiion nave somen tne question for us, end under ull the circumstances have, as I believe, settled it rightly. They had tasted the hitler fruits of anarchy and confusion under the old confede ration, and ibey were called upon to detorinine whether an oHicient government should he substituted in its stead, that should secure the blessings of freedom to the uruui muss ui uie puopie auu 10 ineir posterity torevor, . out which, while it contemplated the soeedv abolition of the slave trade, shonldron pntitine neccttiti recog- nize io a niniieu cxicui ine existeuco ot slavery, or wncinor oy a roiusai 01 an compromise upon tins great question, they should sustain a system that not only fostered the slave trade,' but that promise d a spicily and certain annihilationof all tho rights ond liberties which-had been purchased by the blood of the Revolution. Fifty years of unbroken national prosperity have attested mo wisuom 01 ineir cuoice, . i ne national constitution than recognises the existence of slavery. We as legislators have sworn to support thai Constitution! on Sin the discussion of tho suhject before us, wo are bound down to tbo single inquiry whai is our duty under the Constitution of ttie United States? The Constitution embraces threo distinct anil sepa rate provisions in reference to slavery. In the first place, in establishing a basis of representation, it includes in its enumeration of individuals that shall constitute that basis, thrce-lilths of the slave population. It next provides that Congress shall not interfere with ar abolish Ihe slave trade until tho yeurone thousnnd eight hun dred and eight; and lastly, in the M section of the 4th article, it decloresthat fugitives from laborer service due under the laws ol ono htate escaping into another, shall be delivered unon claim of the nartv to whom such la bor or service may be duo. History informs us, that the so provisions were the result of a compromise, and that tho framers of tho Constitution regarded them aaindispensahleto the very existence of a Union of ihe 8tstes. 1 Noy, so strong was their conviction of the justice as well as necessity of thelastof these provisions, under which we are this day called to act, that it met with the unanimous approba tion 01 mo ionvcniion. f ciitot's i;coatcs, loj. Now sir, in tho year IbOJ, Ohio was culled, with the consent of tho slaveholdintr States, into the oreut sister hood of tho Union, and solemnly pledged Tut faith to eeery pmruim of tho nationul Constitution. Upon sonieot those provisions she has already, through her begiainiure, oecn calico to set. (In the 3:!tl ot December, Idll'l, the following resolutions were adopted by the Legislature of tho Slote ol Ohio: "Whureas, the Covomor of this Htate hath transmitted to this Assombly a resolution of the Lcgislsture of the Commonwealth of Massachusetts, instructing their Senators in Congress of the United Stntet to take all proper and legal measures to obtain an amendment to the Constitution of the United States, so that Representatives may be apportioned among the several Statos according to thenumbcrof their Ireo inhabitants respec tively, accompsined with n request that simi ar moa- suresmay be adopted by this Legislature the General Assemiity aioresaiu, considering that the Constitution of the United States in some of its leading features is the result of a compromise and mutual balancing of interests between tho several Slates, particularly that clause which admits a partial representation of slaves that the inequality in p.iint of representation complain' ed of, when wo consider that those States possessing tho largestnumbersof slaves also hold tho comparative rank of large States, and are entitled only to nn equal representation with tho small Htatea in the Senate, does not exist at prosont and that lo interfere at this time with Umt fart of the Cuiulitulion which may bo viewed aa ueuring privilege! lo particular .Stores, would tend to excite State jealousies, destroy that cunlidence and good understanding which now prevails, uud indaHgcr Uie Union of thtu Slatrt: Therefore, "ffriolrfrf, That the said amendment to the Constitution of tho United Ststes is inexpedient, and does not meet the spprohation of this Legislature. "Rcmhrtt, That the Governor of this Stato he requested to transmit to Ihe Governor of tho Commonwealth of Massachusetts, a curtilied copy ol ihe above resolution."On the 33d of Februry, 18115, the following resolutions were sdopted by the same body : "Whereas, His Excellency tho Governor of this Stalo, hsth laid before the Legislature thereof certain reaolu-lions of tho Stato of North Carolina, proposing an amendment to the Constitution of the United States, whereby Congress will bo empowered to pass a law to prevont thu further importation of slaves or people of color into tho United States. Tho Geueral Assembly aloresaid. considering the existenco of slavory in the United States ns an evil of tho most alarming nature, on the gradual abolition of which in a great measure depend our futuro prosperity and hsppinessua a naiion and well awsro that any additional importation ol that unhappy race of men will, independent of tho outrage committed upon them, entail a lasting cursa on the community, therefore view the senriinents expressed In the resolution of tho Stale of North Carolina, as reflecting the highest honor on thst State bnt nstlint puriod will shortly arrive when Congress will nosssis the power to act aa they may think proper on this subject, and notwiihstsnditig thiit this inhuman practice is tmpolitio in tho extreme, and altogether repugnani to the principles on which our Government is founded, yet at it teas a mutual agreement between the Stales forming tho federal compact, that Congress should not possess the fower of preventing any of the Hiotei, then existing, rom carrying on a trntfic of thia kind for a given period and whereas, the fifth article of the Constitution of the United States expressly declares, that no alteration of that Constitution shall tnke place during thnt period, so as to alfuet this provision: Therefore, "limited, ey the General .'ViioiiWv of the Stale of Ohio, Thst the amendment proposed by ths State of North Carolina to the Constitution of the United Statooi ia inexpedient at this time. "(tsuii ri. That Ihe Senators from this State in tho Congress of the United Stifles be, and they are hcruby instructed, and the Representative in Congress from this State is also requested, to use their host endeavors to have a law passed laying a tax ol ten dollars on every slave imported into the United Slates, and also to prohibit their importation into any of the Terriioriea thereof. " ftrWi'f j, alio, That Uie Governor of this State be, and he is hereby, requested to forward to each of our Senators and Representative in Congress, and also to the Governor of the State of North Carolina, a certified cony of the foregoing resolutions.1 Upon two ot tho provisions nl Ihe i onstitulinn, therefore, to which 1 have alluded ae touching the questiun of slavery, the pcoplool Ohio, through their Legislature, have fully and deliberately expressed their opinion. The thirtl, and last of those provisions, which relates to fugitives from labor, is involved in the discussion of the priueiptesof the hill now beforo us. This clause of the Constitution is in the following words: "No person held to service or labor in one State, under the luws thereof, csenping into another, shall, in consequence of any law or regulation therein, be disehsrged from such service or labor but shall be delivered up, on clsim of ihe party to whom such service or labor may be due." The Constitution of course intended that the cases embraced within this clause should bo provided for by e,lHcient fe-gitlationi and it matters nul, so far as thu spirit of tho Constitution is concerned, whether throuiih some positive "rule or regulation," or from the inrjliritnri of your laws,a fugitive from labor or service is nol'deliverod up on claim of the pnrly to whom such service or labor may be duo. Tho first question then Is, hsve wo any fieient law now in existence, for csrrying out, in its true spirit, thia clauso of tho Constitution I lly the third aeciioti of ths "act to regulate blsek and mulatto persons," passed Jsn. .', HOI, it is provided, that the owner of any black or iiiululto person may recover from any person harboring, secreting, or employing such black or mulatto person, tho sum ol fifty cents per day, while so harboring, etc. ami by the 4ih section, it is Crovidcd, that any person hsrboriuii or secreting any lack or mulatto person, the property of any person whalevor,or who shall in any wise hinder or prevent tho lawful owner or owners from re-taking and possessing his or her hlsck or inulutio servant or servants, shall, upon conviction thereof, by indictment or inlormaiion, be fined in any emu not loss ihon ten, nor moro than fifty dollars, at ilie discretion of the Court. These are the only provisions now tn firrt upon our statute hook, that recognize the right of master to hisslavo. The second eetion ol ltan act to prevent kidnapping," passed Jan. 13, ISIII, forbids any person 1mm carrying out of the State, or attempting or aiding so to do, any black or mulatto person, except in accordance with the Ittvtof the Vnitri Stntri. For tho reclaiming of fugitives from labor, therefore, the only law now in force within the Slate of Ohio, is the law of Congress passed' Feb-, 13, 1793, and wnicn IS SV MIOWI. .',?, "That when. a. person held to service or labor in any of the United States, or in either of the Territories on the North-West oeSeoth of the River Ohio, under the lawa thereof, shell escape into any other of the said State or Territories, the person to whom such labor or service may be due, his agent orattorney, is hereby enie powerea to stiae or arreat sucu lugiture irom labor, and to take him a her before any Judge of the Cirouitor District Courts ot m United Stale, lending or being within the Stat,or before any nuuristrale of a county. city or town corporate, wherein such aeizure or arrest shall be made; aad- upon proof to the satiafaction of such Judge or magistrate, either by oral testimony or affidavit taken before, and certified by, a magistrate of any inch Stale or Territory, that the person so seized or arrested, dotn, milder tne laws ol tne state or 1 erritory from which h or she fled, owo service or labor to the Sereon claiming biio, or lies, it shall be the duty of such udge or magistral to give a certificate thereof to such claimant, hi agent oi attorney, which shall be a sufficient warrant lor removing ths said fugitive from labor to the state or 1 erritory troin which he or aho fled. "That any person who shall, knowingly and wilfully. obstruct or hinder ucb claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or shall rescue such fugitive from uch claimant, his agent or attorney, when so arrested, pursuant to rhe authority berutn given or declare., or shall harbor or eonoeal such fierson, after notice that he or she was a fugitive from abor, as aforesaid, shall for either of Ihe aid offences, furfoit and pay the sum of five hundred dollars: which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any Court proper to try tne same; saving, moreover, io tne person claiming such labor or service, hi right of action for, or on account of, tho said injuries, or either of them." It is said, sir, Iliac this law has boen found adequate to its object, and that, in former times, no complaint was beard of its inefficiency. This may be true, air. It may bo, and probably is, true, that, ten year sine, this law was fur more ellicieut iu its operation, than any law that we may now onact can be. Within that period, the feeling of the whole world has been aroused on the sub- i'cctol slavery. England has abolished it throughout cr vast dominions. The strong sympathies that were enkindled by the long and agitating discussion that led to univorsal emancipation have extended to our own country, whose Constitution recognizes slavery, At the North, a powerful sentiment, basing itself upon the law of our being, and appealing not to the Constitution, but to principle far above all constitutions, declsres that slavery is a sin against God ; and thai, regardless of consequences, this Government should put lorth its whole strength, and hazard it very existence, to accomplish its annihilation. At tho South, a corresponding movement is made in self-defence; and, as an offset to the disorganizing principles of northern abolitionists, the doctrine, unheard-of before in the annals of the whole world, is boldly proclaimed, that slavery is a blessing; that its existenco is essential to a free Government! that it is the very key-stone of our political structure. Theso agitations, at the two extremes, have shaken the nation to its centre. A feverish anxiety pervades the mass of our people and men of reflection be- fin, in reality, now to dread, what demagogues hsve long icen threatening, a dissolution of the Union. The slave himself has caught the feeling that on every hand is awakened in his behalf; and, following the dictates of his nature, ha redoubled his efforts for freedom. A deep and alarming excitement is agitating three millions of human beings in bondage. The hopes of the slave, thus excited, have, in their turn, aroused the fcorsof tho master, and the overruling law of self-preservation is riveting more closely the chaina of alavcry. Under such a state of things, your law, which, for thirty years, was found adequate to ita purpose, has become a mockery; and the change that has taken place in public sentiment, calls imperatively for a change in legislation, That the law of the United State is exceedingly defective, will hardly be denied. In the first place, it provides for no warrant by which an qfftcer of Vie lav may arrest a fugitive. So deeply hoa the necessity of such a provision been felt in ftome portion of our State, that, in order to prevent not and opon infractions of the law, in the reclaiming of fugitive, the msgistratea havo assum ed to themselves the authority to issue warrants for Iheir arrest, thus violating the law, in order lo make up for its deficiencies. Again : the law of the United States does not regulate the right of continuing the cause, and the claim ant, as well as lite lugitive, may he deprived of all his rights, by the arbitrary rolusal ol tho magistrate to give time for preparation. There is still another evil in reference to thte mattar, which, in eifect, would preclude the possibility of reclaiming a fugitive under the law. The position has been taken, and it ia believod, in some instancea, sustained, that the claimant of a lugitivo must oroee the leiral existence of sl&verv in the Stato from which the party may have fled. Now, in most, if not all, of the slaveholding States, slavery is not matter of constitutional provision, or oi legislative eoacimem, out, constituting part of their original organisation, it ha grown up under series of judicial decisions, and has become a part ot the common law oi tne land, wo ahould, if possible, obviate a difficulty like this, which springs from more technicality. Rut It is unneccsssry to specily the detects ot the present law, in order to aat we havo only to look at what is daily transpiring around' us. It will not be denied, that hundreds of fugitives from tabor are annually making their escape through tbo State of Ohio to CBnada, and that, to a great extent, they arc assisted in their flight by those of our own citizens who, in responding to what tliey honestly believe to bo the claims ol humanity, torget ineir constitutional obligations to the citisens of sister Ststes, If positive proof were wanting on this point, beyond our own observation, we hay it in the publicationa of the day, 1 hnu, in the last numbor ot the bmancipator, newspaper that sustain, with great ability, the cause of the abolitionists, the following extract of letter, written by a citizen ol Ulno to a Inend in ISew-iork: " You wish to know what we are doing beret A very natural inquiry. Why, then, we intend our miliums hall be in fnvor of religion snd truth, of the poor end oppressed. Our homo haa been the temporary refugo of nol Iwi Man, Uiirty yugiliPM Jnm mrAiti the prut year, and now beyond the reach of the oppressor's arm." Experience, then, proves, sir, that the law of tht United Ststes. Bad of our own Slate, now in force, are utterly powerless in extending the protection pledged by tne Uonslilution to tne claimant oi a tugiiive irwn lanor, Thereare. then, but twoqucstinna prrsenlod for our de cision: shall we bring our legislstion in Rood faith up to the Blunt ol this nrovisionot tnet onsiiiuuonior snsu we give up the Constitution itself. I'aereiinemi'nUr ground on wnirA to itnnd. Wa most fulfil ! Ihe provisions of tli Consliimion, or ire mmt git it up. bhsll we, then, sir, from dislike of our Govenimsul as it is, eul loose from our moorings, and embsrk upon the fathomless and shoreless ocean ol political (peculation, that bs swallowed up every republic before us, or shall we, with all ita defects, still cling to ths Constitution of our country! Need 1 ask a citisen of Ohio whether he will giv. up the Constitution! What, ir, hasjihat Constitution not don for us, during ths brief period of our iistenc si one of the Siateaof thia Union! Why, air, within that period, Mr population haa risen from amy iliousand to twelve hundred thousand. Our agriculture has slready made our State tho garden of the West, and must soon make it the granary of the nation. Our nianufactoriea have laid open our mineral treasures, hrtps upon heaps. Our commerce covers the great lake upon our border and all our rivers) while our public works, connecting togsther the importsnt points within our limits, snd bringing market to lh door of .very citizen, are repaying tenfold the expense of their construction by ths general prosperity they ar dill'uaing all around. Look, ton, it the intellectual advancement that haa been made by thia people, und.r the foatoring influence of our National and btate Govcrnmcnia. Scathe school, and academiea, and cellcgos that dot ovor the aurface of our whole State, and bring the means of education within leach of the humblest of its citiiens; that lift Doveriv from it bed ofdust, end dinuse their bles sings like the rain from heaven. look still further, at the holier influence which ths spirit of our Government has shed upon the character of its people, not by rearing a aplendid rrligioue rtablishineni thai should dishonor God with ths mockery of an unwilling service, but by cherishing that freedom of thought and apint, which alone can pre eervo rational religion puro and uiidrtil-ed. 8c our churehe rising on every hand, and pro claiming that the God, to whom the tramera ol the Constitution prayed in the darkest hour of their dosponden-cv. is here worshipped by twelve hundred thousand hu man beings that repose beneath the shadow of it wings. Nor need wo stop here, sir, in our numeration of the blrssiugs which have flowed from lh enlightened spirit ol our institutions, in ins nay ot our prosperity as a nation, we have not forgotten to reliove ths wretched. The blind, snd the lunatic, and the dumb, can hen join in the general thanksgiving that goes up to God, Tor ths exinence of a Government that recognize, in it legia-lation, the great principle of universal benevolence. I do not claim, sir, that the action of our State Government I perfect, or that our legislation, for the protection ol individuals, la, in all respects, aa it should he. I believe thst time mu.t, and ahould, materially .often ths rigor of our law, in regard to lh black population of our Stat. - But, sir, with all it, defect, it is Itill my full belief thai there exists not on the face of the whole earth a Government that secures to ita people a lurger amount of general prosperity end happiness, than are found within the limits of this our youthful State. ' -. -, In view, then, of our present prosperity, snd of the prospects before us, shall wc, lor any consideration whatever, give up our national Constitution, or hazard ita oxiatence, by refusing, in good faith, to act up to the spirit of.ita provisions. ( ; -' If thon, sir, we go for the Constitution as it is, and iT the clause of the Constitution that relotea to, fugitive from labor demands more efficient legislation, it only remains for us to iuquir whet that legislation ahould be, and op whom the duty of enacting jt properly devolves.' ' .' , ' The bill now before us, so far as it relates to reclaiming fugitives from lubor, is substantially a transcript of the law of the United States, with some importantmodifications.- Under the law of the United Stoles, the. claimant may lay violent hands on the fugitive wherever he may find him. A claimant proeeeding under the provisions of this bill, muat first file an affidavit setting forth the facta in the ease with some magistrate or judgo, who issues his warrant to an olficer for th arrest of tho fugitive, and such arrest is made, as il should be, by an officer of the law. A continuance is also secured to either party on affidavit being mado of its necessity, and the claimant is required to give security for all Ihe costs. These provisions ore certainly nn improvement upoivlhq law of the United Statos, that has been in force for mora than forty years. If thernboany justobjectiontothem, it i that, although bolter than tho corresponding portions of the old law, they elill fall short of the principles of juat legislation. - .,- , 1 lie otticr provisions ol tne pill relate principally to the punishment of those who, within th limits of this State, knowingly and purpotely interfere to deprive a citizen of another State of that property in, and control over his slave, which tho Constitution of the United ntaies secures to him. II the Constitution have any meaning, then this is a criminal offence. The bill doet not propose to punish sny man for responding to tho common claims of humanity, for feeding the hungry, and clothing the naked ; but it doet propose to punish, aa tne law now in lorce proteases lo do to a certain extent, ' a deliberate attempt lo deprivo another of his constitutional rights. In tlie infliction of punishment, it regards, as legislation should always do, the general feelings and s ntimcntsof men. It fixes a maximum of punishment, which is admitted to be sunicienrly mild, even by the opponents of the bill, and under this maximum it leaves all to the discretion of the Court. Such, then, are the main features of tin hill, in obedience lo the pontwe eommand of the Constitution, it point out a mode by which a fogitive from Isbor may be reclaimed, and punishes all illegal interference wiih the constitutional rights of the person to whom the labor or service of such fugitive may be due. 1 wo important legal questions aro involved in this bill. The first relates to tho right of a fugitive from labor or ecrvice to a trial by jury, as preliminary to his re moval from the State. By Ihe Constitution of the Uni ted Stntes. as well as of eseh State, every individual, in a matter effecting life or liberty, ia entitled to a trial by jury. The point in dispute is, where that trial shall take place whether in the Mate in which the lugitive may be arrcated, or in that from which he may have fled. Upon this question there would seem to have been hitherto but little discrepancy of opinion. The law of the United ntates which was passed during Ihe administration ol Washington, and in enacting which many of the framers of the Constitution must have participated, did not give a trial by jury in these case, and the laws of tho suveral Slates have in this respectgenerally followed Ihe law of Congress. The true exposition of the Constitution on this point si-ems to be most clearly laid down by Judgo Story in the 3d volume of hisCommentaries on the Constitution, page 677. He there save, in reference to the 2d section of the 4th article "A is obnioxu that these provisions for the arrest and removal of fugitive of both classes, (fugitives from justice and fugitives Irom labor; contemplate summary mmiieriai proceedings, and not the ordinary course ofJudicial tnreifiga-fion, to ascertain whether the complaint be well founded, or th claim of ownership be established beyond all legal controveny. in eases ot suspected crime, the guilt or innocence of the psrty is lo b msde out al hi trial, and not upon the preliminary inquiry wheibor he shall be delivered up. AH that would suemin such cases to be necessary is, that there ahould beprimaucieeri-dence before the executive authority, lo satisfy its judgment that there is probable cause to believe the party guilty, such as upon an ordinary warrantwould justify his commitment fortrial. And in the cases of fugitive slaves, there woold seem to be the same necessitu of requiring only prima facie proof of ownership, without putting tne party io a loriuui asaertton ol bis ngbi by a trial at ine eotumon low. iongre appear to have acted upon thia opinion, and accordingly , in lh alatute upon thia .ibject, have authorized aummary proceedings bufore a magistrate, upon which he may grant t warrant for removal." In llio 5th Sergeant and Rawle, page 6J, Chief Justice Tighlman expre.ses the same opiniun upon this section of tho Constitution. His language is ss follows : "It plainly appenrs from the whole scope and tenor of the Constitution and act of Congress, that the fugitive waa to bo delivered up on summary proceeding, without ihe delay of a formal trill in a court of common law. Hut if he really bad right to freedom, that right was not impaired by this proceeding be was placed just in the situation in which he stood before he lied, snd might prosecuts his right in the Stato to which ho belonged." In this case tho point was made directly by counsel, that under tho Constitution of tho United Stale a well as of Fennsylvsnia, Ihe plaintiff wasontitlod to riilf by jury. Tho proceedings for reclaiming a fugitive from labor, then, must bo merely preliminary, rumni n, and minis-tcrial imiHsirinir no rights, but plucing the fugitive in the siliisuonin which ha Hood before he lied. In reply to this it is said, that the trial by jury io case iuvolving liberty in slavoholding State is a mere mockery of justice, and that to deny such trial to a fugitive here, is lo deprive him of it forever. Aa legislators, sir, wo cannot proceed on such a supposition. We are bound to believe that justice will bo fairly administered in our sister States, so long as we recogniso that elsnse of the Constitution which compels as logivs full faith and credit to their judicial proceedings. We cannot, then, without contravening directly th Constitution itself, give to a fugitive from laUir the right uf ainaf trial of th ?ucstion of liborty boforo our own tribunals: and, aside rom Ihe constitutional abjections, such right granted to the fugitive would bo tantamount, praWiraJiy, to denial of the right of the master to his slave, from the difficulties wiih which th assertion of that right would bo invested. 1 am not aware air, that ibis construction of the Constitution ho ever boen queationed by any court in the United Slates, with single exception of a decision in caw recently befur lh Supretn Conn of New Jer aey. There will bo evils arising from any course that we may adupt evils that original in slavery itself, snd in the obligations iuiKscd upon us by the Constitution inregard to it. Still, those obligations should, in my opinion, if wo would avoid atill greater evils, be fully and faithfully discharged. The eeennd legal question involved, is that of concurrent jurisdiction. In reference to this, certain leading principlua have, by the deciaions of our courts, been well established. In Ihe first place, it ia adiuitt.d that in all cases in which the Constitution expressly confers rxWuiiec jurisdiction upon Congress, or expressly prohibit, th. Slates from exercising any jurisdiction, or confers upon Congress a power which from its very nature must be exclusive, the Ststes are precluded from all legislation. Il is not contended by any one that the power to legislste on this suhject of reclaiming fugitive from labor belong errlutirtly to Congress. There is snoiher class of esses in which Congre hsve only a concurrent jurisdiction with the States, and it is conceded that whatever power Congre may have over the subject of reclaiming fugitive. Irani labor is of this description. In somccasra, ihe Constitution Itself lias conferred upon Congress eoncurrrnt jurisdiction with the Stale, aa in the cose of the power to collect taxes and from tht opinion of Judge Siorv, in the case of Houstnn vs. Mooro, 5 Wheaton, Rep. , the power "to provide for organizing, arming, and disciplining the militia;" and also the power " to pnvide for celling forth th militia to exaout the laws of th Union suppress insurrection, and repel invssion," would seemto bo, by the Constitution, matter uf concurrent jurisdiction. In these cases of concurrent jurisdiction, an important distinction must be obaorved. In rases of concurrent jurisdiction, ir-AirA originate in, and are created oy, the ConiMuion, aiuf errr which tin States did not possess juritilirtion prior to the formation of the Constitution, il hss been eontend.d, thst Congress msy, or msy not, at their discretion, legislste exclusively, and vest lh oxclusiv cognizance thereof in tboir own tribunals. In accordance with this principle. It is claimed that the judiciary act of 17S9 givee excltieiva jurisdiction to the Circuit Courts of the United States, of all crime and offences cognizthle under the authority of the United States; and w And thst Congress, when legislating for the punishment of olfence under the Conitifulinn, have proceeded upon aueh asupposilion, and, in many in-slances, hsve expressly conferred upon the Sines, or reserved to, or recognized as ettsting in, them, th right to legist! slso. -i The principle seem lo have been advanced by soras of the judge of the court ol the United States, though denied by some of the Slate courts, that in ail such case of concurrent jurisdiction, originating in the Conitiiu-(ion, if Congress have once exercised us powers without such reservation in behalf of the Stales, all power to legislate upon the same subject is, by such exercise of power, and whilo the law of Congress remains in force, prohibited to the States. But in all matters of concurrent jurisdiction, over which the States possessed jurisdiction prior to the formation bf Uie Constitution a dif ferent rule prevails, and, in such eases, it iswell-established principle, tliat both Congreu and the States may proceed to legislate as th respective interests of tboir constituents may demand, with this single disability at- -. w .11V hj.',u ...WIOIU.IUII, .UU,, WUCU II VUIIIC. IU actual conflict with the law of Congress upon the same subiect, the latter will prevail, and tho sovereignty of the State must bow before the mightier sovereignty of tho Union: 1 Kent' Com., lost edition, page 395 ; 3 Story's Com. on Constitution, pp. 610, 6li; Fedoralist, Nos. 32 and8S. - .t. ... ! The right to legislate upon the subiect of reclaiming fugitives from labor, lea thu netted in tlie States prior to Vie formation of tilt Conttilution and it only remains, therefore, to inquiro whether the provision of the bill before ns do eoriflict or interfere with tho laws of Congress of 1793. All the sections of the bill, with the ex ception of tho seventh, relate to matters not embraced in the law uf the United States, and, of course, cannot interfere with its operation. 'The clauses in' reference ' to the authentication ot the warrant for the arrest, and of cortificato for the removal of tho fugitive, are limited entirety to proceedings under tne Htate law,' while, in the eleventh section of the bill, the law of the United States, is distinctly recognized, and all conflict avoided. . The third section of the hill provides for the punishment of those who shall ofistruct or hinder an officer, proceeding, under Vie provisions of Ute law of this State, to ar rest or remove a fugitive, and cannot interlcre with the law of Congress, which only punishes the obstructing or interfering with tho claimant, when proceeding unrff r tfie provisions of Utat lav. The seventh section ol tho bill provide for the punishment of those who shall he guilty of an offence against the State, by knowingly harboring a fugitive from labor who may come to this State, without tlie consent of the porson to whom such labor may be duo. The law of Congross also punishes the samo offence against the United Ststes. As to the right of ihe Stoto to legislate concurrently with Congress for the punishment of this offence, over which the States murf hare had jurisdiction prior to tie formation of Vie vonimuuon, mere seems to ueno uouor. In the case uf Houston vs. Moore, 5 Wheston's Report, p. 32, to which I have before alluded, Judge Slory distinctly lays down the general principle, that, in th cases of concurrent jurisdiction last alluded to, the State law aro only subordinate to the law constitutionally en-sctcd by Congress; and that, if there be any conflict or repugnancy between them, so that the State laws shall interfere with the operation of the laws of Congress, the State laws will be to tlwtcxlcnt inonorative and void. In the same ense, 5 Wheaton, p. 34, Judge Johnson says: " It is obvious, that in those cases in which the United States may exerciso the right of exclusive legislation, it will rest with Congress lo determine whether tlie General Government ahull exorcise the right of punishing ex-euiii'fy, or leave the Stales at liberty to exercise their own discretion. Hut where tho United States cannot assume, or where they have not assumed this exclusive exercise of power, I cannot imagino a reason why tho States may not also, if they feel themselves injured by the same offence, anrrf their right of inflicting punishment also." Ho slso say: " The actual exorciee of thi concurrent right of punishing i femitiar to every day1 practice. - The laws of the United States bave made many offences punishable in their courts, which were, and ttill continue, punishable under the laws of tho Stales. Witness the caso of counterfeiting the current coin of the United States, under the act of April 21, 1 800, in which the Stale right of punishing is expressly recognized and preserved. Witness, also, the crime of robbing the mail on the highway, which is onquestionably cognizablo aa highway robbery under the State laws, although- mad punishable under those of Iho United St'.." From these authorities we msy infer, then, that t law of State, in mailer of concurrent jurisdiction, and ocer icAieA the State posse tiedjurisdiction prior to Vie formation of Vie Constitution, is only void when it inter- feres directly with the operation of a law of the Uniied states. A provision, lor instance, forbidding claimant of a fugitive from lahor to proceed to reclaim him under any other law than the one we may enact, would conflict with tho low of Congress, and would be pronounced by the courts of the United State inoperative and void. But while we recognize the law of Congress, and do not, in any way, interfere with it operation, wa may, in such cases, legislate, in all respects, as to u may aeem adviaablo. The term concurrent jurisdiction, of itself, implies thai Ihe laws of Congress and of th States, upon tho same subject, may be in operation at the same time, and is suscoptible of no other meaning. Tlie position assumed by gentlemen, that, in all cotes in which Congress havo constitutionally legislated, all subsequent legislation by the Stales upon the same subject is void, confounds the distinction betwoen oxelusive and concurrent junediction, pmatrnlt's the sovereignty of the Stale, and ia al war with th fundamental prin-ciplcoon which our Government i based. the opinion ol Judge Washington, in th case of Houston vs. Moore, before alluded to, ia, it is believed, the only authority l hat can be found that denies lo the Stales, in all eases, Iho right of ronrMrrenl legislation where they possess concurrent jurisdiction; and Judge Washington himself informs us, thst the other members of the conn did not concur with him in the course of reasoning, which brought him to the same conclusion with themselves in the decision of that ease. b'rnm ,1.. r ... .1.-. t. that thcr is no oqIici hotween the provisions of the bill before us and the law of th Uniied Slates. If. howev er, we are mistaken in thia point, atill our legislation can do no harm. In ths case of Livingston vs. Vsn Ingen, 9 John.on's Rep. 576, Chancellor Kent savs: " Our ssfa nueoi construction and ot action t this, that, if any given power was originally vested in this Stste, if it has not been exrhtsieely ceded to Congress, or if the exercise of it has nof been prohibited lo the States, we may then go on in the exerciae of the power, until it come practically in collision wun in exercise ol some congressional power. When thai happens to be lh oae, th Stat authority will be so far controlled, but il will slill b good in oil those respects in which il doe not absolutely contravene ine provisions oi tne paramount law." in inosamocaac, juttgo ihompson also aaysp. ou7: The onlyresiriction upon the Stale Government, in the ezercise of all concurrent power is, that the State must act in subordination to the General Government. It i notaaullicient reason for denying to Ihe Stat the exercise of a power, that it may poseibly interfere with th actsof theGoneral Government. . ft still ae time enough to turrewlcr the potter when auoh interference shall arise. Tho framers of the Constitution foresaw the possibility of such a state of things, and wisely provided the remedy by making the lawavfih United Stalea the supremo law of the land. Thus guarded, there can no possible inconvenience result from the two Government exercising legislative authority over th earn eubjccl." TLI- -I I. i a -l' ; J ins mp, ii woiiio wm, is ine aocinne now recngniseo by the Supreme Court of ihe United State I Kent's Commentaries (last edition,) p. 3!l. If these princi ples oe correct, no collision osn possibly occur practically between th officer or tribunals of th Uniied States and those of th Stalos, in a matter of concurrent jurisdiction. Aa to the txpclicncy ot providing for punishing as sn offence against the State, the act of Aorooniiga fugitive, which act ia already punishable by the law of the United Stales, ii may be sufficient to reply, that the law of Congress mskes no distinction between offences of this sort, but inthcis Ihe same punishment alike upon all who may violate its provisions, while Ihe bill before as, Ilk our Isw now in force, and which hss been upon our tstule book fur more than thirty year, adapts the punishment to the character of the olfenco, a. it is presented lo Ihe court; and aa the Slate law will, in practice, aupersede lo a great extent Iho law of iho United State., its operation must, in this respect, provo beneficial, while no instance, so far as I can lesm.hasoveroeeured, or, as I believe, ever can occur, of a double eonrirfion for a violation by one and the sain act, of law of ths Utii. ted Slates, and of a State. Hut there is one other ground on which legislation up. on tins subject would seem peculiarly appropriate. Many of our soundest legal men, throughout the country, douhl the constitutionality of the law of Congnrs in relation lo fugitives from labor, from the fact that Iho Constitution dooa not, ai is required by Ilia 10th article of ih amendment to that instrument, delegate any an-thorny to Congress so to legislate. Tho Constitution simply savs, thai the fugitive "shall be delivered up." As ilis doubtful, then, sir, whsiher w hsve snr law how in force ukw the ubject of reclaiming fugitive from Isbor, and a there eoms lo b om reason to b. lieve that the power lo legislate inreferono toil, is ves-led rxclutitcly in th Stats, lei us enact a just law, in obedience to the positive command of tho Constitution, nd then leave the whole mailer, where it can be left wiih perfect ufely, to the judicial tribunals of our country.Hut ir, we ar lold thai ll la Inexpedient for us to I e-gislat upon so ticiiing subject, tnd that application for additional legislation should be made to Congress. And why. sir. should Cono-roH be called anon tn mt. if there is doubt of their constitutional right so to do, or "17,11 uie topic oe sn exciting one, should the whole nation be agitated by ita discussion, when the necessity lor action ia limited to . .mull nnu r th si.,.. Sir, lot ua not attempt to evade the responsibility that rest upon us. I, for one, ir, believe, that it i the duty of States, a well aa individuals, in good faith to fulfil their contract ; and above all, it ia our duty a state-men so to do, at a time like the present, when law. and constitutional provision are: openly set at defiance, and governmental raitn is proeiralea, in Mm dust. Lift ud It 1 1 .L: 11 ... jvui vud, nuu tuuK aurutu over ini union, wltn all 11 present blessing and gloriou hopes, and say, if you will lightly put to hazard the momentous interests that hang upon your national Constitution. . Why, air, our i the only Government that ha ever existed, in which lavery bo not practically extended to the great matt of ttepcopfe. With as, hoerty is tht rule, and slovens the excepttont with other nstion, liierry irtte exception, and tlavery it the rule. And I appeal to the bitterest enemy of slsvery in the whoel world to say, whether this Government, with all its defects, does not confer larger mourn ui ireeuuin upon a greater number ot numan bo ngs, man any otner ijovornraent that now xist, or of vnich history speak to us. And who can fix limits to the areatnea of our conn. try' destiny, if we, and thoae who are to come after us, but prove (rue to the Conttitution. A century from this day, sir, every living man within the sound of my voice will hare bowed his body to the dust. Another generation of two hundred million of human being will have sor.ad over our land. Fields will have been opened ; channels of communication will have been lormed) and towns, and cities, and Tillage will have thickened np from the Atlantic to the Focifio ocean. Our country will even then be new and fresh as the morning. This will then, aa now, be called the new world. in view 01 all that our country now is, and all that she mav hone tn bn.lnl n.. mr. n.li.nial-1.va-nit a- m-n J fast by Vie Conttitution of our fathert. Let as remember mat, wnatever measure 01 prosperity has. in the Providence of God, been allotted to ns beyond the other nation of the earth, haa, so far as human agency i concerned, flowed directly from that Constitution; and let us never forget, that oar only security for lh future muat consist in th maintenance of the tmrilotiiut un promise halt built np Iho Wmctfie Stato. On subsequent day, Mr. Andrew read, in support of this position, the following resolution, introduced into the Senate of the United States by the Hon. Thomas Moms, on the 6th day of Febsuory, 1839. Resolved, That it belongs exclusively to the State of this Union to provide, that a parson who may be held to service or labor in one State, ander the lawa thereof, and who shall escape into another State, ehall be delivered up by such State to Ihe party to whom such service may be due, ana that the States, as cartel to the compact of union, are, in good faith, bound lo make tuch proration. ORPHAN INSTITUTE BANK. . NOTWITHSTANDING th loans which bss been takes (lliroush speeulstlvs motives) or certain Individual of Cincinnati, th note, of that Instltatkra ar still redeemed, promptly, at our counter, snd ever have beau, on demaad. W are swart that thsre art seme persons la Oladaaatl who art e. deavorlos to mala tut publls bellev tb.y ar oot worth their face, la order to make a susv out of lbs Industrious meeusntt snd firmer, Bach things are wrong la to txtreme, call it what yon please. Those who hold any of our paper, onfht not to make any sac. rltlcs oa tbe paper, aor tlve the broker the opportunity 10 suav the bolder out of his Jail das. . H. OVI ATT, FrssX Conimbas, F.b. U, 1839. The rbilowlof Is a suismsnt and condklea ot it Stark Co. Orpbau Institute on ths 22nd of February, 1839; BSOVKCE8. Leans to sfkhldw s, on psnonal sscurUy , on uiterest,..2 gM 00 Bills rereirahltm the Treasury, 69140 7 00 Buffalo at Nsw-Yorz, at 35,60 at 75 days Sals. 1650 00 Real Esute and Traos. OlAos Included, 1.400 00 Kpsrl, - h , a , Jilfi9 M Dank Notes, different Banks, cjijj no ; f 108,037 43 ....71 .(100 00 16,07(1 00 9.000 00 .... 6.2110 00 .... S.1 69 .... ' 1,640 42 756 31 100,037 43 MAnirrrrva : Capital Stock paid In, urans ana uiiecss on Treasurer oot prsseatod,.. Due Individuals, .. Drafts on New-York, aot prestnttdV Do sold Individuals, " 1st. dus Stoekhotdsrv. Orphans' Fund res th beeoni of th Beneol,.... I. Black, Bee. ' Kerch 1...wlw..e-w2w ' II. OVIATT, Frsst (ff-Cincinnati Dally lfiws, copy, to th tmoast of f6, aad shars this oAce. 1939. TRANSPORTATION. BUFFALO LINE. EKIB CANAL, Tlaasauis io k C, rroprlatotsi CLEVELAND k IANESVILLI LINK OHIO CANAL, Ricaaas Wtsauw A Co., Proprietor. Csontrl.d who Sraui Fanom Doits, sad TassaLs ea L. trie. THE Proprietor, end Aunts of toeat I.lnss will toatraet Ibr lbs trsaaportatna of Good, or Froduee si mlr rslss, sad pledse Ibeuwelves to thus who may sntnjrt property to Ihtit ssr f triQiportatloa, taat tht Sams shsll bs nrwsrdsd with tart tad despelehj ead thai any dsmsf that may oteur I property ililprad by th shorn nsmsd Lines, whlob lb. proprWtort may be liable (Or, shall ba adjusted to the most prompt and liberal ajanosr. AornoRrzen agents'. Blrsm Joy, No. 18, South street. New York, end Aran! Ibr KMamoot lusaraact Caw" Tasddsus Joy k C., Albaay. Joy 4 Wobaur, Buir.lo, aad Af.nl for uColuaabus losu rones Co." Richard Wlaslew Co., Cleveland.Rail at Bhtyanl, Hoaslllen. Samuel Adama k C, Drdsa. Smlta k Woraw. Nswaia. B. Cwnstoek Co Columbus, H. B, Ross k Ve- roriauraia. lFEEinciB. Uwrsiiet, Hartmll Co., and Kflfon, Taylor k Co., Clnela aatl, O.i Oratory, Burr k Co., ead D. Woodbury at Co., Coram-sos, 0- A. Baklahaai Co., Futaamt enable Mania, Zansavlllfc F.k.t7.dnrla..wai lUStateimaa copy, and sbarge thai oU. CIEORCB . BATES IMfOMTtk jtVO WBOLElALt DUtLtk , 1st Drtfl, Palais, Jeers' AHUttt, ku Bier, sorasi af Mala sad Froet strssli, CINCINNATI, OHIO, i HAS sow ea hand, and shortly ss arrive, aa estsasfr stock) sad rwpMirany Units lh altsasna of Mwahaals, Mao-fsriursrs, snd olh.rs, who will lad many edvaauutss la purclta-aln al Ibl. atal.lUimtat, la prtrennc t ordaitaf from the Esst, ihsr Win aa Halt or as dlffaraaee la the srtMf Goods compared with Ihon of oaeura Hoaats. 1 The lollewiaf stapti ankles r etTsre as quaatktas M sutt parcasssra, via: Oils 50M ralle Far Wmttraod Fall Bptn Oil; 300 da RMtned Whale OUi lllO bbU Tao..1, vartoM ualltlrj i 50 do NaaufDot, Llnmd. Olive sad Caster Oils; 74 hesksts sad casss Halad Oik 1 fsml. IPO bars troaud Whit. U.d, vtrmas breads; ' 30 eases Chrome, Onma aad YaHowl 4IMI0 lh Ones, Yellow, Black and Bias Fatal la OB; HUO bus Wbiimi, Vsottlaa Red, Lamp Bias. Red Lead ami Oehn; 125 do Itpts. Turpntlne: vrtib a sreet varkry f Ba and eoarss palal tor bow aad bamm pahnliw- ltf' JSrluUt 600 Mia Lofwood, fastis. Camwood, Nkorafm, Na4els aad Opliuw 150 carboy, nl. Vitriol, M.rktk and Nkrk Aslds, warraawa suiwrwr to sny msds m lb Wast ' 50 bM. Coptwrs) B aoraons apaake PH. Indigo and CBeoiasal) I I esse A.nal dot I baskste Aimatlot W, Hachias Cards, Frta Pastre, sha-try, . kt.i 4 tasks Dutch end Frsneh Marld.l. ' f.atM 15 bbk R.naed Ball FMr. aad Borax; 0 am Heda, Tart. Add aad RosMlle BaK) 50 blik Eiaoni Mia; 300 do America aad Romas Count and Llsast f.MI da Tar and Rosin; 1000 hois. Snap cmiis, whlt,yrlsatl, palm and itiarlof; A casss Fartumloa ikpa; kl bhds Blatk U.d CruclhlM; 40 bbk Copal, Japan and Cosrb Vsrntah, very saperior; 1 90 eaaas Llquoiles Pan., Jiipiba and Qua Cteal; SO d HrtmMuM, Walt. Was, Faint Braakm, (aanrtedj) 50 bbk (llue Amwkas, Rosetaa, and IrWi; 5x 10 llNali:l 10 matt. libel. rtMi40bw.pr 100 boxes No. I CbocoUH. I bbt ClovM, Ht hop law Uincsrt Um torn BoltlM, Vkls, Flaak and Window Uksoi 10 tkrew ("hunted Hooey, of floa Savor; 10 torts Knlkh Bsl Soda: 300 ewkatts Umoa Byrap and Foeper Base. Feb.T..w Css-OasJ RALPH P. m ORLAND, ATTOHXS.T tvn cownsuo jt ur, Lows bUsdvist, Case, ILL attend la Ike bmtoom f ak arofcaawa ead to the Asenry of iMi In Basdasty and tks aaJolalas saasllsa. Ben ss Kikhs wiiiiuis.y,vanoid,uiua Ja.uiry 3,18.19.. I v. '